FAQ | Family Law

Various components of a divorce may result in tax consequences. Spousal support payments are generally considered taxable income for the recipient and tax deductible for the payor, unless otherwise specified in a legally binding agreement or court order. Though Property Transfer Tax is payable on the transfer of property ownership, in the case of a divorce, if you transfer property to your spouse as part of the divorce settlement, you may be exempt from property transfer tax, provided the transfer is pursuant to a legally binding agreement or court order and meets certain other criteria. In the event of a divorce, if RRSPs (Registered Retirement Savings Plans) or other investments are divided or transferred between spouses, there may be potential tax implications, such as tax on withdrawals, capital gains tax, or other taxes. Lastly, there may be other tax considerations to be aware of during and after a divorce, such as changes in tax credits, deductions, and exemptions, treatment of capital gains or losses, and potential tax implications related to property division or sale.

In British Columbia, if you wish to change your name after a divorce, you can do so either by requesting a name change through the divorce process or alternatively by following the requirements of the Name Change Act of British Columbia. Changing your name after a divorce is a personal decision, and you have the right to choose whether or not to change your name.

In British Columbia, during a divorce, the general principle is that family property, which includes assets acquired during the marriage, is subject to equal division between the spouses. This means that absent any specific exemptions or agreements, family property is typically divided equally between spouses, regardless of whose name the assets are in or who contributed to their acquisition.

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However, there are certain exceptions to this general principle that may allow you to keep your assets separate from your spouse's during a divorce in British Columbia including property inherited or received as a gift during the marriage; property that is excluded by a valid Prenuptial or Postnuptial Agreement; property acquired after the date of separation; and property excluded by a valid agreement between the spouses specifying how your assets are to be divided in the event of divorce.

In British Columbia, debts incurred during the marriage are generally treated as joint debts, and both spouses may be responsible for them, regardless of which spouse incurred the debt or whose name the debt is in. This means that debts incurred by either spouse during the marriage are typically considered to be part of the overall financial picture and subject to division or allocation during a divorce.

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When it comes to the division of debts incurred during the marriage in a divorce, the general principle is that debts are divided equally, unless there are compelling reasons to deviate from this principle. This is in line with British Columbia's approach to property division, which follows the principle of equal division of family property and debts acquired during the marriage, also known as the "equalization of family property" or "50/50" rule.

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It's important to note that debts incurred before the marriage, known as pre-marital or pre-relationship debts, are generally considered separate debts and are not subject to division during divorce, unless they have been commingled with marital debts or otherwise treated as joint debts during the marriage. Additionally, debts incurred after the date of separation, which is the date when the spouses began to live separate and apart with the intention of ending the marriage, are generally considered separate debts and are the sole responsibility of the spouse who incurred them.

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The court has the discretion to deviate from the equal division of debts based on various factors.

In British Columbia, once a divorce settlement has been finalized and a court has issued a final judgment or order, it may be possible to change the terms of the settlement under certain circumstances. However, modifying a finalized divorce settlement is typically more difficult than making changes during the initial divorce process, as there is a higher burden to demonstrate that a change is warranted. Specifically, you will need to show a material change in circumstances that was unforeseen or unforeseeable at the time of the original settlement.

If you and your spouse are unable to agree on the terms of your divorce in British Columbia, the matter may need to be resolved through the court process. To initiate the court process, either spouse can file a Notice of Family Claim with the Supreme Court of British Columbia outlining your claims for issues such as division of property, spousal support, child custody, and child support. You will need to serve a copy of the filed documents to your spouse, and they will have an opportunity to respond. Thereafter there may be several court appearances and procedures, including case conferences, settlement conferences, and ultimately, a trial. Case conferences and settlement conferences are typically scheduled to encourage resolution and settlement of the issues without going to trial. If a trial is necessary, the court will hear evidence and make decisions on the disputed issues based on the applicable laws and evidence presented by both parties. Going through the court process for divorce can be time-consuming, emotionally draining, and costly. It's generally recommended to try to reach an agreement through negotiation, mediation, or other alternative dispute resolution methods before resorting to litigation. However, if you and your spouse cannot agree on the terms of your divorce, the court process may be necessary to resolve the issues and obtain a final judgment.

Child support is a financial obligation that is typically payable by one parent to the other to provide for the financial needs of their child(ren) after a divorce or separation. Child support is intended to ensure that children are financially supported and that their basic needs, such as food, clothing, shelter, and education, are met.

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In British Columbia, child support is governed by the federal Child Support Guidelines (CSG), which provide a formula-based approach for calculating child support based on the income of the paying parent and the number of children entitled to support. The CSG apply to all parents, whether married or unmarried, and are used by the courts to determine child support amounts in most cases.

Spousal support is a form of financial support that may be payable by one spouse to the other following a divorce or separation. Spousal support is intended to address any economic disadvantages or disparities that may have arisen during the relationship, and to help achieve a fair and equitable outcome. In British Columbia, spousal support is governed by the Family Law Act (FLA), and it can be awarded in cases where one spouse is financially dependent on the other or has a lower income or earning capacity. There are certain factors that one must consider when determining spousal support, including: the length of the relationship, the financial circumstances of each spouse, roles of each spouse during the relationship, age and health of each spouse and any other relevant factors. Spousal support may be awarded for a specific duration or on an indefinite basis, and it may be subject to review or variation in the future if circumstances change.

In British Columbia, the division of property in a divorce is governed by the Family Law Act (FLA), which sets out the rules for property division between spouses. British Columbia follows the principles of "family property" and "excluded property" in determining how property is divided in a divorce. Family Property generally includes all property acquired by either spouse during the marriage, as well as any increase in the value of property that existed at the date of marriage. This can include real estate, vehicles, bank accounts, investments, pensions, businesses, and other assets. Family property is subject to division between spouses upon divorce. Excluded property generally includes property that is owned by one spouse before the marriage, property received as a gift or inheritance during the marriage, and certain other types of property that are excluded by law. Excluded property is generally not subject to division and remains with the spouse who owns it.

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The FLA requires that family property be divided equally between spouses, unless there are compelling reasons to divide it unequally. The FLA also requires that excluded property be excluded from the division and remain with the spouse who owns it, unless there are exceptional circumstances.

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It's important to note that the division of property in a divorce in British Columbia is not automatic, and it does not necessarily mean that each asset or liability will be divided in half. Instead, the value of family property and excluded property is typically calculated, and then an equalization payment may be made by one spouse to the other to achieve an overall equal division of family property, taking into consideration the value of excluded property.

1.  Prepare the appropriate divorce forms outlining the details of your divorce;

2.  File the divorce documents with the Supreme Court of British Columbia;

3.  Serve the divorce documents on your spouse;

4.  Allow for the waiting period to expire, that is 31 days from the date of service of the divorce documents;

5.  Resolve any disputes; and

6.  Obtain the final divorce order.

Yes, it is possible to obtain a divorce without going to court in British Columbia, depending on the circumstances of your case. There are options for out-of-court dispute resolution methods, which can be used to reach a divorce settlement without the need for a court trial. The lawyers are DJJLaw for example often make use of mediation as a way to resolve client’s family law matters.

The time it takes to get a divorce in British Columbia can vary depending on several factors, including the complexity of the case, the level of cooperation between the spouses, and the workload of the court system. On average, an uncontested divorce where both spouses agree on all issues and there are no complicating factors can take approximately 3 to 6 months to complete. However, contested divorces or those with complex issues, such as child custody, division of property, or spousal support, can take considerably longer, sometimes several months or even years to resolve.

In Canada, including British Columbia, divorce is considered a "no-fault" process, which means that you do not need to prove fault or wrongdoing on the part of your spouse to get a divorce. The only ground for divorce is a breakdown of the marriage, which can be established by living separate and apart for at least one year, or by proving cruelty or adultery.

In British Columbia, a divorce is granted by the British Columbia Supreme Court. You must meet the residency requirements, that is one spouse must have been a resident of the province for at least one year immediately preceding the divorce application. One must prepare and file a Notice of Family Claim which includes information about you, your spouse, and your children (if applicable), as well as details about your marriage and the relief you are seeking, such as custody, access, support, and division of property. Eventually once matters are resolved, either by agreement or by court order, and the court is satisfied that the marriage has irretrievably broken down, a Divorce Order will be granted, officially ending the marriage.

Under the new Divorce Act (effective March 1, 2021), children can decide which parent to live with at any age. The judge will consider the child’s preference as one factor when deciding on parenting arrangements.

Unless the couple has their own legal agreement, all family property is divided equally during a divorce – regardless of whose name the property is in. These rules apply to married couples and unmarried couples living together for 2 or more years.

Fathers have the same rights as mothers in BC. Both parents have the same opportunity to request custody or seek arrangements to have a regular presence in their child’s life.