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| Factor | Separation | Divorce |
|---|---|---|
| Requires Court? | No — begins immediately, no paperwork | Yes — BC Supreme Court order required |
| Ends the Marriage? | No — marriage remains legally valid | Yes — marriage legally dissolved |
| When It Starts | When relationship ends | After one year of separation (typically) |
| Triggers Property Rights? | Yes — date of separation is the key date | Divorce itself does not change property rights |
| Freedom to Remarry? | No | Yes — once divorce order takes effect |
| Requires a Lawyer? | No, but strongly advisable | No, but recommended for complex matters |
| Resolves Parenting Issues? | Not automatically | Not automatically |
Separation in BC does not require paperwork, a court order, or any formal process. It begins the moment one or both spouses decide the marriage or marriage-like relationship is over. You can even be separated while living in the same home if you are living "separate and apart" in practical terms.
Separation is significant in BC because:
There is no "legal separation" status in BC the way some other jurisdictions frame it. Separation simply means the relationship has ended.
In BC, most divorce orders require exactly 365 days of separation before the court will grant the dissolution of marriage.
View Divorce Checklist →Divorce is a court-granted order that legally ends a marriage. In BC, divorce is governed by the federal Divorce Act and is applied for at the BC Supreme Court. Once a divorce order is granted and takes effect, both parties are free to remarry.
To obtain a divorce in BC you must establish that the marriage has broken down. The most common ground is living separate and apart for at least one year. Adultery and physical or mental cruelty are also recognized grounds but are rarely used.
Divorce does not automatically resolve parenting, support, or property issues. Those matters are addressed through a separation agreement or separate court orders.
Working through a divorce in Vancouver? Booth Legal's Divorce Lawyer Vancouver page explains your options for contested and uncontested matters — or book a consultation with Alexandra Booth directly.
Yes — and this is very common in BC. Many couples remain legally separated for years without obtaining a divorce. This happens when there is no immediate need to remarry, the parties are working through property or parenting issues, or personal reasons make formal divorce undesirable at the time.
Being separated does not prevent you from resolving all practical issues — parenting, support, and property — through a separation agreement or court orders. A divorce order is only strictly necessary when you want to formally end the marriage.
Separation does not legally require a lawyer. Divorce can be done without one in straightforward cases. However, making legally binding decisions about property, parenting, or support without legal advice carries significant risk. Alexandra Booth at Booth Legal helps Lower Mainland families make informed, protected decisions from the start.
Booth Legal serves Vancouver, North Vancouver, and across the Lower Mainland.
Schedule a Confidential Consultation with Alexandra Booth →
Alexandra Booth represents families across Vancouver, North Vancouver, Richmond, Burnaby, Surrey, and the Lower Mainland.
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