Can You Get Divorced Before One Year in British Columbia?

Waiting a year can feel impossible, particularly when your spouse has been unfaithful or the relationship has become harmful. The Divorce Act does include a route that does not require a year of separation, but it is narrower than many people expect.

This article explains how the adultery and cruelty ground works in British Columbia, what the court has to be satisfied of and why many people still choose the separation ground.

This article covers the law of British Columbia.

The two ways to show a marriage has broken down

Breakdown of the marriage is the only ground for divorce. It is established only in two ways: the spouses have lived separate and apart for at least one year, or the spouse against whom the proceeding is brought has, since the marriage, committed adultery or treated the other spouse with physical or mental cruelty that makes continued cohabitation intolerable.

The second way is an alternative to the one-year separation, and the one-year wait does not apply when it is proven.

Who must have done what

The adultery or cruelty must have been committed by the spouse against whom the divorce proceeding is brought. You cannot rely on your own conduct to get around the waiting period.

For cruelty, the Act requires physical or mental cruelty that makes continued cohabitation intolerable. Both parts matter: the behaviour itself and its effect on whether the spouses can keep living together.

The court must also satisfy itself that there has been no collusion in relation to the application. It must look at condonation and connivance by the spouse bringing the proceeding, subject to a public-interest exception. In plain terms, spouses cannot simply agree to stage a ground for divorce.

Proof and how the process works

A divorce still has to be applied for in the Supreme Court of British Columbia. You start by filing a Notice of Family Claim (Form F3), and your spouse must be served by personal service by a person who is not a party and is at least 19 years of age, unless the court orders otherwise.

If your spouse does not respond within 30 days of being served, the case can proceed as undefended, and the evidence may be given by affidavit unless the court orders otherwise. If your spouse does respond and disputes the allegations, the matter is no longer routine, and you should expect to need evidence and probably legal advice.

What evidence is enough for a particular allegation depends on the facts and the court's view. Do not assume that a spouse's admission or your own account will be enough without checking the requirements.

Why many people still use the separation ground

You can apply on the separation ground at any time after separating, but the court will not grant the divorce until you have been separated for at least one year. Using that ground avoids having to prove misconduct.

Either way, the divorce takes effect on the thirty-first day after the judgment is rendered. The court may order it to take effect earlier only if there are special circumstances and the spouses agree not to appeal or any appeal has been abandoned.

What to do next

• Write down what happened and when, and keep any records that support it.
• Confirm the residency requirement: you or your spouse have lived in BC for a year or more.
• Think about whether a separation-based divorce, with a one-year wait, is acceptable to you.
• If there are children, plan for how they will be supported, because the court must be satisfied about reasonable arrangements before granting the divorce.
• If safety is a concern, put your safety first and speak with a lawyer or support service.
• Get legal advice before relying on adultery or cruelty, since the proof needed depends on the facts.

Help is available, including Family Justice Centres, Justice Access Centres, the Parenting After Separation course, the BC Legal Referral Service and Legal Aid BC.

Frequently asked questions