What to Do First After Separating in British Columbia

A separation can leave you tired, anxious and unsure what to do first. The good news is that you do not have to solve everything at once. A few steps taken in a sensible order can protect you and your children and keep your options open.

This article sets out a practical order for the first days and weeks in British Columbia. It is general information, not advice for your situation, so a lawyer can help you confirm the details.

This article covers the law of British Columbia.

Step one: safety and stability

If you or your children are in danger, contact emergency services right away. Safety comes before paperwork. If staying in the home is not safe, make a plan for where you can go and what you need to take.

Whether you stay in the home for now depends on your situation, so it is worth confirming with a lawyer. Spouses can be separated while living in the same residence. The Supreme Court can make a temporary order giving one spouse exclusive occupation of the family residence for a specified period, and that order does not transfer ownership.

Step two: note your separation date and keep records

There is no such thing as a legal separation in BC. Spouses are separated if they stop living together, or even under one roof if a clear intention of permanent separation has been communicated and acted upon. A court may consider evidence such as one spouse telling the other of an intention to separate permanently. Write down the date and how you communicated it.

Dates can matter for several reasons. For unmarried spouses the 2-year period for property and spousal support claims runs from the date they separated. For a divorce, the court will not grant one until the spouses have been separated for at least one year.

• Your marriage certificate, if you married, and the date you began living together.
• Tax returns and notices of assessment.
• Bank, credit card, loan and mortgage statements.
• Title, lease, vehicle and investment records.
• Pension and RRSP statements.
• Messages and notes about the separation, kept in a safe place.

Step three: accounts, property and debts

Understand what you have and owe before making big decisions. Spouses are both entitled to family property and responsible for family debt. Family debt includes obligations incurred from the start of the relationship until separation, and debts incurred after separation count only if incurred to maintain family property.

Avoid emptying joint accounts, running up debt, or selling assets, because it can cause conflict and may be looked at later. A spouse may apply to the Supreme Court for property orders at any time before a final agreement or order is made. The Supreme Court must make an order restraining a spouse from disposing of property at issue unless that spouse establishes that a claim will not be defeated, and such an order can be made before the other spouse is served with notice. A lawyer or your bank can explain how to handle joint accounts and credit safely.

Step four: protect your children's routines

Children usually do best when school, activities and caregiving stay as steady as possible. Try to keep conflict away from them. When parents make agreements and courts make orders, only the best interests of the child are considered, and all of the child's needs and circumstances must be considered.

Each parent who lived with the child is a guardian, including after separation, and moving out does not itself end guardianship. A parent who has never lived with the child is not a guardian unless they meet listed exceptions. Both parents have a duty to support a child.

Step five: get legal information before you sign anything

No lawyer is required to separate or get a divorce, and in many cases no court hearing is needed if both spouses agree and file the required forms at the Supreme Court. A lawyer is also not required to make an agreement, but BC guidance says it is very important to speak to one before signing a document that settles matters with a spouse.

Be aware of time limits. Claims for property or debt division, pension division or spousal support under the Family Law Act must generally be started within 2 years, running from the divorce judgment for married spouses and from the date of separation for unmarried spouses. There are exceptions: the limit does not apply to spousal support reviews under ss.168 or 169, an application to set aside a property or spousal support agreement can be made within 2 years after first discovering the grounds, and time stops running during family dispute resolution. Child support and parenting claims are not subject to that limit. A married person claiming spousal support under the federal Divorce Act has no time limit, whereas under the Family Law Act the two-year limit applies. Spousal support is also not automatic.

What to do next

• Make a short list of your urgent needs: housing, income, childcare and safety.
• Gather the records above in one place.
• Write down your separation date and key events.
• Look into family dispute resolution, which is a process to try to resolve a dispute outside court.
• Book a time to speak with a lawyer about your situation before signing anything.

Frequently asked questions