*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.
