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Driving while Prohibited in BC (2026) – What Happens Next?
This post was updated on April 2026.
You are likely reading this article because you were pulled over by a police officer and told that you were driving while prohibited.
Many of our clients in similar circumstances were not even aware that they were not allowed to drive.
Why does this happen? What are the consequences? What are your next steps?
What does driving while prohibited mean?
A prohibition may be issued to you because of a poor driving record, driving under the influence, or for other reasons decided by the Superintendent of Motor Vehicles.
A driving prohibition may be accompanied by a licence suspension, a fine, or even a criminal conviction.
If you drive while you have a driving prohibition, you may be criminally charged with driving while prohibited, which, for a first offence, carries a minimum fine of $500, a 12-month driving prohibition, and possible imprisonment.
Imprisonment is mandatory for a second offence.
How do I know if I have a driving prohibition?
You may receive it on the spot or by mail!
While some people are aware of their driving prohibitions, many people aren’t. Why does this happen?
It is usually clear whether you are prohibited from driving when a police officer takes away your driver’s license and issues a driving prohibition on the spot.
However, the Office of the Superintendent of Motor Vehicles may also issue a driving prohibition to you by serving you with an administrative driving prohibition.
An administrative driving prohibition is a document containing details about the driving prohibition and is usually mailed to your address.
Unfortunately, this document can be mistaken for junk mail or can become lost during transit.
What happens if I drive while prohibited?
- You will be charged and may be convicted under the Motor Vehicle Act.
- If you are not a Canadian citizen, you need to be extra careful when applying for and renewing your visa or permanent residency.
- A first offence carries a minimum fine of $500, a 12-month driving prohibition, and possible imprisonment.
- Imprisonment is mandatory for a second offence.
Tips from Specht and Pryer
Here are 5 tips related to driving while prohibited from our lawyers.
Tip 1 – When you are pulled over by a police officer, be cooperative. You should provide the police officer with basic information such as your name, address, etc.
Tip 2 – If you receive a piece of paper that has an appearance date set, it is most likely an undertaking that you will have to appear in court. Please contact us.
Tip 3 – If you were pulled over by a police officer for driving while prohibited, once you return home, check your mailbox to see if you were previously served an administrative driving prohibition.
Tip 4 – While under a driving prohibition, please DO NOT drive!
Tip 5 – Contact us before the first appearance date. We will help you understand what you are required to do moving forward, and may be able to help you avoid conviction or jail time. Again, please DO NOT drive!
You are prohibited from driving, but you need to drive.
You may need to send your child to school or require a vehicle for work. However, if you drive while you are prohibited, there will be serious consequences.
We may be able to help you challenge and defend your prohibition charge.
If you are caught Driving while Prohibited in BC, consult with one of our lawyers today.
DISCLAIMER: The information provided in this blog is for general informational purposes only. This does not constitute legal advice. The content of this blog may not reflect the most current legal developments.
SPECHT & PRYER Barristers / Solicitors
https://spechtandpryer.com/
Contested divorce vs Uncontested divorce in BC 2025
*This post was updated on November 15, 2024.
Getting divorce is generally a challenging experience. However, you may need to go through it to move on with your life.
You may imagine lawyers standing in a courtroom as you see in TV dramas. Of course, some divorce cases go to trial, but most cases don’t.
There are two types of divorces in BC: Uncontested Divorce and Contested Divorce. Let me explain the differences.
Getting a divorce means that two people who are married are ending their marriage. Before getting a divorce, you need to separate from your spouse first.
If you want to get married again, you need to be divorced. In Canada, the judge divorces people.
Separation
Separation is a status between being married and being divorced. When you are separated, you are no longer married to your spouse.
In most cases, it is necessary to be separated from your spouse for more than one year before receiving a divorce certificate.
However, this doesn’t mean that you need to live separately from your spouse. You can be considered separated if you and your spouse are living together as roommates, for example.
Not every separation ends up in divorce. Without any paperwork, you may be considered married again if you and your spouse reconcile. For more information about separation, you can also check Am I Separated?
Children and Property
If you have children, it is mandatory to plan out a parenting schedule and a child support payment schedule. You can also decide how to divide assets and property and how much spousal support you or your spouse pay to one another.
On the other hand, If you and your spouse have no children, no assets to divide, and do not intend to pay spousal support to one another, you can begin filing for divorce ask for a divorce order only.
Planning to buy property after separation?
If you are planning to buy a property after separation, the separation agreement is a must. Without a signed separation agreement, your spouse may fight about the separation date, which could affect property classification.
What is the difference between contested divorce and uncontested divorce in BC?
To phrase it the most simply, an uncontested divorce is generally a happy divorce and a contested divorce is a fighting divorce.
In an uncontested divorce, both parties agree with the terms of the divorce and are cooperative throughout the process. In a contested divorce, the parties are unable to resolve disagreements regarding the terms of the divorce.
In both cases, the process of divorce starts when one party files a Notice of Family Claim in the court registry.
We refer to Uncontested divorce to as a “happy divorce”
We often call an uncontested divorce a “happy divorce” when we explain this concept to our clients.
This usually happens when both parties are in agreement about the divorce.
Even if your spouse is not entirely “happy” with the divorce, you can still achieve an uncontested divorce in certain circumstances. Our lawyers try to negotiate or suggest alternatives as much as they can while protecting the client’s interest.
In an uncontested divorce, you do not need to go to court. The cost for a lawyer is comparatively much less for an uncontested divorce than for a contested divorce.
Contested divorce
When the other party files a Response to your Notice of Family Claim, this would now be considered a contested divorce.
In these cases, the divorce will take more time and money, and may also be a mentally exhausting process for you, as you may be required to appear in court. If both parties disagree with the terms of the divorce and are unable to reach a settlement, it may be up to the Judge to decide the terms at trial or a hearing.
The parties can attempt to negotiate using legal counsel to state their positions in the Notice of Family Claim or Response to Family Claim that is filed in the Supreme Court.
The positions are usually about children, support, and property.
Do both parties have to agree to a divorce in BC?
We understand that it is difficult to get divorced when your spouse does not agree to get a divorce in some Asian countries. In British Columbia, the other party cannot prevent a divorce by simply choosing not to agree or participate in the process. You and your spouse may fight about the terms of divorce, but not the divorce itself.
So where to start?
To start the process of divorce, our lawyers usually recommend drafting a separation agreement especially if you cannot openly discuss the divorce with your spouse but you have already made a decision. Once the separation agreement is signed by both parties, they can submit a Notice of Family Claim to the court.
However, in some situations, it might be better to start a Notice of Family Claim straight away.
Because every divorce is different, we need to learn about your situation. For more personalized advice, please contact our office to book a consultation.
Q&A
My spouse and I were married outside of Canada. Can I get a divorce in Vancouver?
You can get divorced in BC even if you and your spouse were married outside of Canada, as long as one party has been living in British Columbia for more than one year. The other party does not need to be a resident of BC or Canada.
How long does it take to get an uncontested divorce in BC?
If the couple is cooperative, the process can take a minimum of 4 to 5 months. If the court is busy, it may take longer. Also, other factors may delay the process.
Can I leave Canada and get a divorce in BC?
Yes, you can start the divorce process in Canada or from overseas. You may also leave Canada after the divorce process is started. Please contact us for more details.
Do I need a separation agreement to get a divorce in BC?
Not every divorce requires a separation agreement. However, if you have children, it is mandatory to prepare a separation agreement or agree on terms relating to the children.
DISCLAIMER: The information provided in this blog is for general informational purposes only. This does not constitute legal advice. The content of this blog may not reflect the most current legal developments.
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How to divide assets in divorce in BC
When it comes to divorce, money is one of the most important topics. In BC, any assets a couple made from their marriage/cohabitation to separation will be divided.
This blog is about general guidelines and not legal advice. If you are divorcing in BC and need a consultation for your case, please contact us.
To understand this article better, let’s review the definition of marriage and separation in BC.
What is marriage in BC?
There are two types of marriage – Registered marriage and common-law marriage.
Registered marriage:
It is quite clear. If you have a marriage certificate in British Columbia, you are married. Every couple marrying in British Columbia receives a marriage certificate by mail once Vital Statistics has registered their marriage. At any wedding in British Columbia, the couple, two witnesses and the officiant marrying them must sign the Marriage Licence and Registration of Marriage after the ceremony has been performed.
Some clients ask us ‘We are married overseas but not in Canada. Am I married?’ The answer is YES. No matter where you are married, if you are married somewhere, you are married.
Common-law
In Canada, there is a concept called ‘Common-law’. If you are in a common law relationship, you have the same rights as legally married couples.
You are in a common-law relationship if you live with someone for two years in a marriage-like relationship.
Therefore, you may be considered married in BC even if you did not have a wedding.
What is separation in BC?
Separation is a marital status between married and divorced.
In BC, you need to be separated for a year in order to get divorced.
You are separated if you are living separately from your spouse OR you are still living with your spouse, but the relationship has ended.
How do I know if I am separated?
If you and your spouse both sign a separation agreement, or you and your spouse agree that the relationship is over then you are separated.
Even without those you can argue you are separated if you and your spouse:
- Are sleeping separately;
- Have no intimacy;
- Are living like roommates
What can we divide after separation？
Again, anything you and your spouse purchased after marriage/cohabitation is considered marital property and each is entitled to half of it.
You can divide everything such as…
- Property
- Investments
- Savings
- Business
- CPP
- Valuable items (Vehicles, jewelry…etc)
As for property, even if your spouse purchased it before marriage, you are still entitled to half of the increased value.
Do you have a marriage agreement?
If you have a marriage agreement, it is easier to sort things out because you already have a contract (and it’s easier to communicate and talk about money when you get married rather than divorced…)
If not, lawyers at Specht and Pryer recommend making a Separation agreement. It is a contract between separated couples and you can write how you divide assets. Couples can divide assets any way as long as both parties agree.
A separation agreement helps to make promises official and reduce the chance of fighting later.
With a child, by law, you have to have a separation agreement regarding custody, parenting schedules, child support, etc.
Why do people fight when they separate assets?
If everything is 50% / 50%, then there should be no argument you may think.
However, many couples cannot agree on how they divide assets because of these reasons.
- (Suspect) Other partner is hiding assets
- Claiming property as a family trust
- Just making things difficult because of resentment
Lawyers at Specht and Pryer generally recommend a fair resolution so that the divorce has the best chance of being acceptable to both sides (and clients can save lawyer fees).
What else am I entitled to after separation?
Other than assets you may be also entitled to receive
- Child Support
- Spousal support
Child Support
When one parent has the majority of parenting time then the other parent has to pay child support. Even if the custody is equally shared the higher earning spouse still has to pay child support based on the difference in incomes. The amount of child support is based on paying parents’ income from the previous year. The support continues until the children become independent.
You can check guideline from the government from here.
Spousal Support
A lower-income spouse is entitled to receive financial support from a higher-income spouse. The support amount is based on income from the previous year. The duration of the support is based on the length of your relationship -the longer you marry, the longer the period you will receive support. There are also Spousal Support Advisory Guidelines from the government.
In general, as long as both sides agree, any support amounts are fine. However, if you reduce child support lower than the government guideline, you have to explain in detail why and how otherwise the court may not grant your divorce order.
Can I receive compensation money (sorry money) for being cheated in BC?
Unfortunately, it is not mandatory in BC. However, if your spouse agrees to compensate you, it is possible to write it down as a separation agreement and make it official.
My spouse has received an inheritance. Can I have half of it?
Inheritance is generally excluded from marital property (except the increased value of a property) If you are not sure, please book a consultation with us.
My Spouse bought a property before marriage. Is it marital property?
It is not a marital property, but you are entitled to receive half of the increasing value. Increasing value is the value of a property at separation minus the value of a property at marriage or when common-law status began.
When we bought a house my parents helped us with the down payment. What is going to happen to it?
What happens regarding that property really depends on a few factors:
First was any legal paperwork related to this financial assistance? A loan or trust document for example?
Second, if there is legal paperwork what was the intention of the financial assistance? Was it clearly a wedding gift or celebration of a childbirth or are there other complicating factors?
We are very familiar with this kind of scenario and look forward to learning more details from you.
DISCLAIMER: The information provided in this blog is for general informational purposes only. This does not constitute legal advice. The content of this blog may not reflect the most current legal developments.
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