You remain legally married until you are actually divorced by court order. In BC, you can also be deemed in a 'marriage-like' relationship after 24 consecutive months of cohabitation. The rules are more complex than most people realize.
Ending a marriage in Canada is a legal process — not just an emotional decision. You remain legally married until a court grants a divorce order. Until that order is issued and takes effect, you are still married in the eyes of the law, regardless of how long you have been separated, whether you have a separation agreement, or whether you are living with someone new.
This matters more than most people realize. You could, in theory, have the legal responsibility to support two spouses at the same time — for example, if you begin cohabiting with a new partner in a marriage-like relationship before your divorce from your first spouse is finalized. In BC, two years of marriage-like cohabitation creates a common-law spousal relationship with its own support obligations. Two marriages, one person, and two potential support obligations is a real legal scenario.
The Federal Divorce Act: The Governing Law
Divorce in Canada is governed by the federal Divorce Act. Because it is federal legislation, the same rules apply across all provinces and territories. To file for divorce in BC, at least one spouse must have been ordinarily resident in British Columbia for at least one year before the divorce petition is filed. This residency requirement means that spouses who have recently moved to BC, or who live in different provinces, need to understand which province's courts have jurisdiction.
Three Grounds for Divorce
The Divorce Act recognizes one ground for divorce (marriage breakdown), which can be shown three ways:
1. Separation for at least one year: By far the most commonly used ground. Once the spouses have been living separate and apart for a continuous period of one year — with the intention that the marriage is over — either spouse can apply for a divorce. Notably, the one-year period can begin running even before the divorce application is filed. You do not have to wait until the year is up before starting the paperwork.
2. Adultery: One spouse committed adultery. The spouse who committed adultery cannot use this ground — only the other spouse can. Because adultery is difficult to prove formally, it is rarely used as a ground for divorce in practice; most lawyers advise waiting for the one-year separation period instead.
3. Physical or mental cruelty: One spouse treated the other with such physical or mental cruelty that continued cohabitation became intolerable. Like adultery, this requires proof and creates unnecessary conflict. It is rarely used.
How the Divorce Process Works in BC
In BC, the divorce process is as follows:
1. One or both spouses file a Notice of Family Claim at the BC Supreme Court Registry, identifying divorce as the relief sought along with any other claims (property division, support, parenting).
2. The other spouse is served with the documents and may file a Response to Family Claim.
3. If there are outstanding issues (property, support, children), these must be resolved — by agreement or by court order — before the divorce order is usually granted.
4. Once the issues are resolved and the one-year separation has elapsed, the divorce order is sought either by consent or after a hearing.
5. The divorce order is granted and takes effect 31 days later (unless an appeal is filed or the court reduces the waiting period in exceptional circumstances).
Divorcing Without a Lawyer: Proceed Carefully
Some spouses attempt to process their own divorce using the BC Supreme Court's unbundled services. This can work in simple cases where both parties agree on all issues and there are no significant assets, debts, children, or support claims. However, attempting a self-represented divorce in a matter with any complexity — pensions, business interests, property, children — is a high-risk approach. Mistakes in family law are expensive to fix after the fact, and some cannot be fixed at all.
Ending a Common-Law Relationship
Common-law couples in BC — those who have lived in a marriage-like relationship for at least two consecutive years — do not go through a divorce process. The relationship ends when at least one partner intends to permanently end it and communicates that intention through words or conduct. A court order is not required to end the relationship — but a separation agreement is strongly recommended to resolve all outstanding issues (property, support, children) and to document the date of separation clearly.
After Divorce: What Changes and What Doesn't
A divorce order ends your legal marriage. Under BC's Wills, Estates and Succession Act (WESA), a divorce order automatically revokes gifts and appointments made in your Will to your former spouse. However, beneficiary designations on registered accounts (RRSPs, TFSAs, RRIFs) and life insurance policies are not automatically revoked by divorce — these must be updated separately.
Spousal support obligations can continue after divorce, by court order or agreement. Child support also continues regardless of the divorce, based on the Child Support Guidelines, until the child is no longer a "child of the marriage" as defined by the Divorce Act.
Sea to Sky Law™ guides clients through the entire divorce process — from the initial separation decision through final orders for property, support, and parenting. Contact Andrew Liggett BA JD CD to understand exactly what ending your marriage means for your legal, financial, and family situation.
The federal Divorce Act recognizes only one ground for divorce: marriage breakdown, established by one year of separation, adultery, or physical or mental cruelty — though the vast majority of Canadian divorces rely on the one-year separation period.
You can apply for divorce before the year is complete, but the court will not grant the divorce order until at least one year of separation has elapsed.
A desk order divorce is an uncontested divorce processed without a court appearance — the judge reviews the application and grants the order by signing documents in chambers, which is the most common and cost-effective method in BC.
No. Separation alone does not end a marriage — you remain legally married until a court grants a divorce order under the Divorce Act, even if you have been separated for many years.