Whether you’re legally married or in a common-law relationship in British Columbia, separation can be challenging.
During times of such personal, emotional, and practical upheaval, making clear, well-considered decisions can be tough. It helps to understand the relevant separation laws for married and unmarried couples before you talk your situation through with a divorce or separation lawyer.
Married vs. unmarried couples’ rights in B.C.
Most laws concerning separation apply equally to married and unmarried spouses in British Columbia, under the terms of the Family Law Act.
Partners in a common-law relationship enjoy most of the same rights and are subject to the same obligations as married couples when it comes to property and debt division, spousal support, parenting, and child support.
However, these rights only apply to non-married spouses who:
- Have lived together in a “marriage-like” relationship for at least two years, or
- Have a child together (for support purposes only).
Spouses who live in a marriage-like relationship do not need a divorce order to formally end their relationship. They can simply separate.
Married couples, on the other hand, require a divorce order from the Supreme Court. This involves a court process, even if actual court intervention may be minimal. The standard divorce process under the federal Divorce Act applies to married couples in Canada.
Do you need a separation agreement in B.C.?
A separation agreement is a written, signed document stipulating how a couple will settle the main issues during separation. It addresses the main financial issues, such as property division and support, as well as custody and parenting arrangements if applicable (specifically, parenting time and decision-making responsibilities).
Married and unmarried spouses often find it beneficial to negotiate a separation agreement during the separation and/or divorce process—though it is not legally necessary to do so to end a relationship.
For a separation agreement to be legally valid in B.C., it must be fair, signed after both spouses have received independent legal advice, and based on full financial disclosure.
Do you need a separation agreement in B.C.?
Before a divorce is granted in B.C., the court needs to be satisfied that the main family law issues have all been addressed. In particular, the best interests of the children must be protected and prioritized. If necessary, remedies should be sought to prevent financial hardship for either spouse and disputes between the parties involved.
For common-law spouses in B.C. (those who have lived together for two years or more in a marriage-like relationship), the Family Law Act is used as the guideline for major decisions, unless a legally valid cohabitation agreement is in place.
If no cohabitation agreement exists, a separation agreement or court order is required to resolve the key matters. This may be negotiated out of court between the spouses.
Advantages of a separation agreement
A legally valid separation agreement can facilitate a simpler divorce or separation with minimal court intervention. A qualified divorce lawyer can help to ensure that legal rights are protected and legal obligations clarified.
One of the main benefits of a comprehensive, negotiated agreement that settles all family law issues is that married spouses can enter an uncontested divorce process. This is usually quicker and less expensive than a contested divorce.
A separation agreement can also help prevent future disputes and preserve relationships, which is especially important if the couple has children and needs to co-parent.
Working on a separation agreement together also allows greater flexibility for the couple to seek solutions outside the formal restraints of the family law system. For instance, property and debt can be divided unequally or the right to spousal support can be waived if both spouses agree.
What if you can’t agree on the terms of separation?
If you and your spouse cannot agree initially on the terms of separation, other avenues besides litigation exist to resolve matters.
Negotiation and collaboration between parties with legal representation may work. Mediation is another alternative dispute resolution method that can prevent the need for court intervention.
The final separation agreement can be filed with the court and, if legally valid, enforced after the divorce is finalized or the common-law relationship is ended.
If the couple cannot agree even after exploring avenues like mediation, they can ask a judge to decide. Many cases still see an agreement reached before trial through alternative dispute resolution methods—though some cases proceed to trial.
How do the B.C. courts decide matters if no separation agreement exists?
If no separation agreement is submitted to the court, the provisions of B.C.’s Family Law Act and/or the federal Divorce Act will apply.
The Family Law Act is the primary law governing family matters in BC. It applies equally to both married and qualifying unmarried spouses. This legislation covers:
- Property and debt division: this must be divided equally in B.C.
- Spousal support: the lower-earning spouse may be entitled to financial support.
- Child support: The Federal Child Support Guidelines will be used to determine amounts.
- Parenting arrangements and guardianship: using the best interests of the child standard.
- Family residence: who will occupy the family home?
- Family violence and protection orders.
The Divorce Act can be used to resolve the following matters for legally married spouses:
- The legal dissolution of marriage.
- Child custody and access (“parenting orders”).
- Child and spousal support.
Some crossover between the laws exists but it is especially important to understand the provisions of the Family Law Act if you qualify as a common-law couple.
A judge will consider the family law legislation and apply relevant British Columbia case law to decide on key matters if necessary. Spouses lose the control and flexibility provided by working on a separation agreement together.
The lack of a separation agreement can also result in:
- Increased legal costs and delays due to court hearings and litigation.
- Less certainty over financial and property matters.
- Less clarity and certainty over parenting and child support.
Does legal separation exist in B.C.?
“Legal separation” does not formally exist in British Columbia. No court process or document makes a couple legally separated, though they sometimes choose to call themselves that.
Instead, separation is considered to have occurred when one or both spouses communicate the decision to separate to the other spouse, stop sleeping together, separate finances, lead separate social lives, and otherwise act as if they are separated.
Couples should carefully note the date of separation, as this will affect property/debt division and support. For married couples, the separation date is also essential because most married spouses apply for a no-fault divorce on the grounds of the irretrievable breakdown of the marriage. Although they can start a divorce application at any time after separation, a divorce order will not be granted by the Supreme Court until at least one year of separation has been completed.
Some legally married spouses choose to remain separated indefinitely without ever formalizing their divorce. This can, however, create legal issues later if debts are accrued or suitable estate planning measures have not been taken before a spouse passes.
For a free 30-minute consultation about your legal options during a divorce or separation, contact the team at Legalbird today.
Date Modified:
- February 24, 2026
Benti Atwal
Family Law Expertise You Can Trust
Benti K. Atwal is a British Columbia family law lawyer who focuses on separation, divorce, parenting disputes, child support, spousal support, and property division. She takes a client-centered, trauma-informed approach, understanding that family law matters involve both complex legal issues and significant personal impact. Benti represents clients through negotiation, mediation, and court proceedings, advocating firmly when litigation is necessary while encouraging resolution where possible.
Her practice includes parenting arrangements, parenting time, parental responsibilities, guardianship, Section 7 expenses, support claims, and the division of family property and debt. She also assists with separation agreements, prenuptial agreements, and cohabitation agreements under British Columbia law. Benti speaks fluent Punjabi and conversational French and Gujarati, allowing her to serve a diverse range of families across BC with clarity and cultural sensitivity.
