Going through separation

There is no such thing as a "legal separation." You become separated when at least one of you wants to separate and you start living apart. You don't have to see a lawyer, sign a document, or go to court.

Whether you're married or common-law, you and your spouse can decide what you want to do about parenting time, support, property, and debt in a written separation agreement. If you're having trouble agreeing on what to do about these issues, mediation might help.

If you're married, your separation might be temporary while you work on the problems in your marriage, or it might be the first step to getting a divorce.

Thinking about leaving?

About separation

You don't need to apply for a separation. If you're married or common-law, you become separated when at least one of you wants to separate and you start living apart.

Preparing for separation

What should you take if you leave your spouse?

Make sure you're prepared with this list of important documents and belongings to take with you if you're leaving your relationship and family home.

Proving you're separated if you and your spouse still live together

It's possible to be separated but still live together if you need to. You can ask the court to consider other factors to prove that you've separated.

Which laws apply to your case?

Explains the two family laws in effect in BC (Divorce Act and Family Relations Act) plus case law, and when each of these might be used in a family law case.

Help with your separation issues

Mediation

A mediator is a person who is specially trained to help people reach agreements. Mediation might help you and your spouse negotiate your separation without going to court.