Divorce in British ColumbiaDivorce In Your Province

Divorce in British Columbia

In British Columbia, an uncontested divorce is defined as a desk divorce. This means that party is contesting the divorce.

Filing for Divorce in British COlumbia

Parties will need to obtain their marriage certificate. Copies of a marriage certificate can be obtained by contacting the Vital Statistics Agency.

The divorce filing process in BC may take approximately 3 months before the court enters a divorce judgment. This timeline allows for:

• Time for the court to obtain a divorce clearance certificate from Ottawa
• Time for any waiting periods
• Time for the courts to complete the processing of a divorce

Divorce filing fees in British Columbia

There are two separate filing fees involved with filing divorce documents in the British Columbia Supreme Court. The following filing fees are paid directly to the court when the documents are filed:

• $210 for the first document to be filed
• $80 for the final application to finalize a divorce

How to file for Divorce in British Columbia

To file for divorce you can either do it yourself or you can solicit a service to file for divorce for you.

• DIY divorce filing is done by obtaining the documents from the courthouse, filling out the documents together and filing the documents with the courthouse. It sounds simple. However, for couples with properties, support and children the forms are cumbersome.
• Obtaining assistance to file for divorce requires an additional fee, however you will leave the cumbersome paperwork and court running up to the professionals. Call us to find out more about Fairway’s filing for divorce.

Introduction to Family Law in BC

http://www.publiclegaled.bc.ca/wp-content/uploads/2013/07/English_FS_Family-Law_2012.pdf

Child Support in British Columbia

Under the Family Law Act, there is a responsibility of the parent to support the child; even in the situation that one parent does not participate in the physical care of the child/children. Child support is the legal right of the child.

The parent who the child lives with the majority of the time is entitled to receive child support from the other parent. If a child spends time equally with both parents, the parent with the higher income will most often be responsible to pay the other parent child support.

What are the child support guidelines in British Columbia?

Child support in BC is based on the Federal Child Support Guidelines. These guidelines follow certain rules that the courts use to set child support amounts.

The amounts are based on how much the payer earns annually and how many children the payer is paying to support. Each province has its own table and this is the table for support in BC.

How is annual income calculated for child support?

Use the Federal Child Support Guidelines to calculate the amount of child support to be paid monthly. For a quick calculation try the child support calculator.

Child Support Calculator

Is the child support calculator always accurate?

There are many instances in which the table amounts may be altered or a judge may consider making changes to amounts that are less than the tables. Some instances are:

• If the court agrees with the payor's claim for undue hardship
• If the child is 19 or over
• If the payor is a step-parent
• If the one parent's income is over $150,000, (then a formula is used)
• If one parent makes a claim for extraordinary expenses

Children under the age of majority in BC, which is 19, may not be eligible for child support if they voluntarily leave their parents' home for reasons other than family violence or intolerable living conditions or if they get married.

Can I reach an agreement without going to court?

Many couples come to an agreement about child support without going to court, either through do-it-yourself or through mediation. Agreements filed with the court can be enforced as they have the same force as a court order.

BC Child Support Booklet

http://www.publiclegaled.bc.ca/wp-content/uploads/2014/04/English-Child-Support-in-BC-2014_online.pdf

This booklet contains basic information about child support in BC.

Spousal Support in British Columbia

Spousal support in BC is defined as financial support to assist with living expenses that is paid to a former spouse under an agreement or court order. Spouses can apply for spousal support in BC if they:

• Were married
• Lived together as common law for at least two years, or
• Lived together as common law for less than two years and have a child together

There are two laws in BC that handle spousal support: the Family Law Act (a provincial law) and the Divorce Act (a federal law).

When could spousal support in BC be paid?

Under provincial and federal laws, spousal support is intended to:

• Consider all financial advantages and disadvantages one spouse can be faced with due to a separation or divorce
• Ensure that spouses do not face economic hardship due to a relationship breakdown
• Ensure both spouses share the financial responsibility of any consequences to caring for children during the marriage or common law relationship
• Help spouses be financially independent in a timely manner

How do I figure out the amount of support to be paid?

There are many factors to be considered when determining the amount of spousal support to be paid. To determine how much spousal support should be paid and for how long will depend on the following:

• How long the couple lived together
• If the parties worked outside the home during the marriage or common law relationship
• If the parties are able to support themselves
• If one spouse was at home with the children
• Whether one spouse earned significantly less than the other spouse
• If the spouse that is intended to pay is able to make payments

The Support Advisory Guidelines can help spouses figure out the amount of spousal support that should be paid. The guidelines take into account the income of both spouses, length of the marriage, and whether children are involved.

MySupportCalculator.ca is a website with a support calculator and can provide an estimated dollar amount that can be adjusted based on specific circumstances.

How to apply for spousal support in BC

If spouses cannot come to an agreement and both spouses want to avoid the court system, the first and best option is to mediate with a third party to reach a fair agreement. The alternative is to apply to the court system for a spousal support order.

Court applications for spousal support in BC can be expensive and time consuming. Therefore, coming to an agreement on spousal prior to the court application is wise.

How long is spousal support intended to last?

Spousal support agreements or orders can often be dependent on the relationship length. However, the law in BC expects each party to be able to support themselves as soon as reasonably possible after the dissolution of a marriage.

An agreement can state that spousal support will be reviewed at a certain time. This is important as parties' circumstances can often change over time.

Is there a time limit to apply for spousal support in BC?

If applying under the BC Family Law Act, apply for spousal support no later than two years after the order for divorce.

For common law parties living together for at least two years or common law for less than two years but have a child together, apply within two years of the date of separation.

There is no time limit under the Federal Divorce Act.

Can I enforce the spousal support agreement in BC?

Once an agreement is received for spousal support, parties can enroll in the Family Maintenance Enforcement Program (FMEP). FMEP is a government program that can monitor payments and can take action to assist in receiving spousal support payments.

How to divide property in BC

The rules about how to divide property and debt in BC apply to both:

• Married couples,
• Couples who have lived together in a common-law relationship for at least two years

What is considered family property in BC?

Family property in BC is defined as everything spouses own together or separately on the date of separation, which include:

• The family home
• Investments
• Bank accounts
• RRSP's
• Pensions
• Insurance policies
• An interest in a business

How is family property and family debt divided in BC?

The law in BC states that when parties’ separate, all family property and/or family debt are to be divided equally, unless an agreement is in place that states it will be divided differently.

How is property divided that was owned before the marriage in BC?

Property owned by one spouse prior to the marriage isn't included in the family property to be divided as it is considered exempt property. However, if the exempt property increases in value during the marriage, that increase in value is considered family property to be divided.

Other assets that are excluded are gifts and inheritances received by one party. View the full list of excluded property in section 85 of the Law Act in BC.

Is unequal division of family property and debt possible in BC?

The BC court may order family property and/or debt to be divided unequally if it would be significantly unfair to divide it equally.

Some things the court will consider when making this decision include:

• Length of the relationship
• Other agreements between the parties that may have been signed or witnessed
• Contribution to the other parties career or potential career
• How the family found themselves in debt
• If the family debt is worth more than the value of the family property
• Each spouse's ability to contribute payments towards that debt
• If either spouse impacted the increase or decrease in the value of the property or the family debt after separation

Are there time limits to settle family property or debt in BC?

In BC, married spouses must apply to divide family property or debt no later than two years after the order for divorce.

In BC, unmarried spouses must apply within two years of the date of separation.

Divorce mediation is a significantly less expensive and time-consuming method of settling your differences than going to court would be. You will sit together with a neutral third party to come to an agreement on all issues involved with dissolving your marriage, including property division, child custody, spousal support, and child support. Mediation may be either closed or open.

This type of divorce resolution depends on the cooperation of both parties. The mediator acts as a guide, ensuring that all topics are discussed, and as a communication facilitator. However, he or she does not act in a legal role for either party, and will not give legal advice. The mediator also is not a judge, and will not settle disagreements. Therefore, both parties are advised to understand the law as it applies to their case and to receive independent legal advice before signing any final agreement.

Successful divorce mediation creates a non-binding, written agreement that forms the basis of the separation agreement that may be filed with the court. If approved, it becomes a legally binding contract with the same enforcement procedures as a court order.

Divorce mediation is not for everyone, as it does require the ability and willingness to work cooperatively. However, our proprietary process, which brings together a variety of professionals to help you and your ex stay on track, has helped many contentious couples reach a settlement that is fair and equitable for both parties. When possible, divorce resolution through mediation is generally the best choice, as it is significantly faster and less expensive than working your way through the court system.

Federal

Federal Divorce Act

Deals with divorce, as well as claims for child and spousal support, and custody and access, in divorce cases.

Provincial

Family Law Act of BC

Deals with spousal and child support, division of property, and possession of the matrimonial home

Maintenance Enforcement Act

Support Orders Act (provincial) – If one party lives outside of BC

(Spouse Protection) Act (provincial)

For more information visit: http://www.familylaw.lss.bc.ca/resources/legislation.php