Andrew Liggett BA JD CD has guided BC families through divorce and separation since 1991 — over three decades of practical, compassionate family law counsel across all of British Columbia.
In BC, divorce is governed by the federal
. It is available to married spouses — common law couples separate, not divorce. The most common ground is 1 year of separation. But the legal process involves far more than filing the right form: it means resolving parenting arrangements, child and spousal support, and the division of family property and debt under BC's
BC Divorce Law — What You Need to Know
BC Divorce Law — A Plain-Language Guide
Divorce in British Columbia is governed by the federal
. The sole ground for divorce is marriage breakdown, which in practice means one year of separation — though adultery and physical or mental cruelty are recognised grounds that do not require a one-year wait. The one-year separation period is the most common route, and couples can begin the divorce process as soon as they separate, without waiting for the year to pass before filing.
What many people don't realise is that the
governs the divorce itself, child support, spousal support for married couples, and parenting arrangements when a divorce application is filed. BC's
governs property division, applies to common law couples (married or not), and sets out the detailed rules for parenting arrangements that the courts follow regardless of which statute applies. A BC divorce lawyer must be fluent in both.
Property Division in BC — The 50/50 Starting Point
, all family property — assets acquired during the relationship — is presumptively divided equally between spouses at separation. This includes the family home, investments, RRSPs, pensions, business interests, and all other assets accumulated during the relationship, regardless of whose name they are in.
Excluded property — assets owned before the relationship, gifts received during the relationship, and inheritances — is generally not subject to division. However, any increase in the value of excluded property during the relationship may be a family asset. This is a nuanced area where legal advice is important. A pre-relationship home that doubled in value during the marriage, for example, may have its appreciation shared even if the home itself is excluded.
Parenting Arrangements — The Best Interests Standard
use the best interests of the child as the sole test for parenting arrangements. BC courts consider factors including: the child's relationship with each parent, each parent's willingness to support the child's relationship with the other parent, the history of care, the child's own views (depending on age and maturity), and any history of family violence.
The old terminology of custody and access has been replaced by parenting time (the time a child spends with each parent) and parenting responsibilities (decision-making authority on major issues like education, health, and religion). Both parents are presumed to be guardians of their children unless a court orders otherwise. Parenting time can range from a primary parent arrangement to equal shared parenting — there is no statutory presumption of 50/50 in BC, but courts are generally supportive of meaningful involvement from both parents where it serves the child's interests.
Child support in BC is calculated using the Federal Child Support Guidelines, which set out table amounts based on the paying parent's gross income and the number of children. The table amount is determined by the payor's province of residence — in BC, parents pay table amounts based on BC rates. Child support is separate from spousal support and is non-negotiable: parents cannot contract out of it, and any agreement that purports to reduce child support below the Guidelines is generally unenforceable.
Section 7 expenses — also called special or extraordinary expenses — are added on top of table amounts. These include daycare costs, medical and dental premiums, post-secondary education costs, and significant extracurricular activities. Section 7 expenses are shared proportionally between parents based on their incomes.
Spousal Support — Entitlement, Amount, and Duration
Spousal support is not automatic. A spouse must first establish entitlement — based on the length of the relationship, economic disadvantage suffered as a result of the marriage (for example, sacrificing a career to raise children), or economic hardship at the end of the relationship. Once entitlement is established, the amount and duration are calculated using the Spousal Support Advisory Guidelines (SSAG), which produce a range rather than a fixed number.
Short marriages (under 5 years) typically produce limited or no spousal support. Long marriages involving economic interdependence can produce indefinite support. The SSAG formulas consider both spouses' incomes, the length of the relationship, and whether children are involved. A lawyer who works with the SSAG will be able to give you a realistic range quickly.
The Two-Year Limitation Period for Property Claims
imposes a strict two-year limitation period for property division claims. The clock starts running from the date of separation for common law couples, and from the date the divorce order takes effect for married couples. Missing this deadline can permanently extinguish your right to claim a share of family property, regardless of how significant the assets are. Seek legal advice as soon as possible after separation.
How Divorce Works in BC — Step by Step
Every situation is different. A free intake call with Andrew Liggett helps you understand your rights, your options, and what to expect — without commitment.
This page provides general legal information about divorce in British Columbia. It is not legal advice. For advice specific to your situation, please contact Sea to Sky Law™.
If both spouses agree on all issues, an uncontested divorce can be finalized in 3–6 months after filing. Contested divorces involving court proceedings typically take 1–3 years. The 1-year separation period must be complete (or substantially complete) before a divorce order can issue.
Sea to Sky Law has over 35 years of experience serving BC families, and that experience can save you money. An experienced family lawyer spots problems early, avoids costly missteps, and often resolves matters faster. But no single lawyer is the best for everyone. The right fit depends on your situation, your goals, and how you communicate, much like finding the best family doctor for you. That is why we offer a free intake call, so you can see whether we are the right fit before you decide.
You are not legally required to hire a lawyer, but the consequences of errors — in property division, support, or parenting orders — can be long-lasting and expensive to fix. Most people benefit significantly from at least an initial legal consultation, even if they ultimately file documents themselves.
What is the difference between separation and divorce in BC?
Separation is the end of the spousal relationship — it requires no court process and applies to both married and common law couples. Divorce is the legal dissolution of a marriage, requiring a court order, and is only available to married spouses. Many legal rights and obligations arise at separation, not at divorce.
Under BC's Family Law Act, all family property — assets acquired during the relationship — is divided equally between spouses unless they have a valid agreement otherwise. Excluded property (assets owned before the relationship, gifts, and inheritances) is generally not divided, but any increase in its value during the relationship may be.
An uncontested divorce typically costs $1,500–$5,000 in legal fees plus the $210 court filing fee. A contested divorce can range from $30,000 to $100,000+ depending on the issues and whether it goes to trial. Mediation is generally the most cost-effective path when spouses can reach agreement.
The family home is presumptively divided equally between spouses, regardless of who is on title. Options include: one spouse buys out the other, the home is sold and proceeds divided, or a deferred sale is arranged (common when children are in school). Excluded property rules may apply if one spouse owned the home before the relationship.
Yes — the majority of BC divorces are resolved without a trial. Couples who agree on all issues can file an uncontested divorce that is approved by a judge on paper. Mediation and collaborative law allow couples to resolve disputes outside of court, with the final agreement filed for court approval.
Live separate and apart for at least 1 year (the clock starts from the date of separation, even if you share a home initially).
Both spouses must disclose all income, assets, debts, and liabilities. Full financial disclosure is a legal requirement in BC.
Parenting time, decision-making responsibility, child support (Federal Guidelines), and spousal support must all be addressed before the court will grant a divorce order.
Divide family property and family debt under BC's Family Law Act. Everything acquired during the relationship is presumptively equal — with exceptions.
A Notice of Family Claim (Form F3) is filed in BC Supreme Court. Your lawyer prepares and files all documents.
The court reviews the application and, if satisfied, issues the divorce order. It takes effect 31 days later (unless waived for remarriage).
Both spouses agree on all issues. One joint or single-party application. Fastest and least expensive option.
Spouses disagree on one or more issues. Requires negotiation, possibly mediation, or court. Timeline depends on complexity.
Parenting arrangements and child support must be resolved before a court will grant a divorce. Andrew's ADR credential helps families reach durable agreements.
Business interests, real estate portfolios, pensions, and international assets require specialist handling. We have experience with complex property division.
Divorce Lawyer BC — Family Law & Separation Help | Sea to Sky Law
Experienced BC divorce lawyer serving all of BC. Get help with contested divorce, separation agreements, child custody, spousal support & property division. Free intake call.
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BC divorce lawyer Andrew Liggett BA JD CD. Uncontested divorce, child custody, spousal support, and property division across British Columbia.
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