Blog & Resources

Jul 11, 2014

What is My Date of Separation in BC? BC Family Law Act

Jul 11, 2014

What is My Date of Separation in BC? BC Family Law Act


What is your date of separation in BC? This is an important question for many reasons. What is the importance of your date of separation in BC?

  1. In most cases if you want to divorce, you have to wait one year from the date of your separation in BC to get divorce from the Court.
  2. The Date of separation in BC is the date which determines the identity of your family assets and sometimes, their value.
  3. The Date of separation in BC determines the amount and period of spousal support.

Is the Date of Separation in BC the Date I Move Out?

No. Not always. Spouses can be separated and live under the same roof. So you may have emotionally separated from your spouse long before you moved out. The date of separation in BC is the date in which you believed your matrimonial or common law relationship broke down.

If you and your spouse agree on your date of separation in BC, that is the end of the inquiry. So if you want a divorce and both you and your spouse agree that you separated a year prior to your application for divorce, no one is going to inquire or ask you to prove your date of separation in BC . You will need to swear an affidavit and attest to the truthfulness of your statements regarding separation but as long as your partner agrees on the date, you do not have to do anything else than swearing your affidavit.

What if my Spouse Does Not Agree to Our Date of Separation in BC?

In many cases, your spouse may not agree to the date of separation you report. This is because they may stand to gain or lose on property or spousal support depending on the length of your marriage or cohabitation.

For example, you and your spouse bought a property with your money in 2002 when you got married and it was worth $100,000. In 2013, the property was worth $1,200,000. In 2014 the property was worth $1,400,000. You may say that that date of separation in BC was 2013. In this case, your spouse would likely get $550,000 for her interest in your property. Your spouse may say the date of separation in BC  was in 2014. This means he/she would get $600,000 from the division of matrimonial property. So sometimes it is important to prove the date of separation.

How Do I Prove Our Date of Separation in BC?

You must prove it by evidence if there is a disagreement on this issue:

  1. Any emails or text messages showing you separated on a certain date?
  2. Any joint accounts which were closed after separation?
  3. Did you and your spouse stop being sexually intimate after the date of separation?
  4. Did you take your name off the lease on your rental property after the date of separation in BC?
  5. Do you have witnesses who could attest to you informing them that you were separated as of a certain date?
  6. Did you and your spouse stop going to social event together after your date of separation?
  7. Did you move out as of the date of separation?
  8. Did you tell your children you were separated on the date of separation in BC?

And many more factors.

For more information or to set up an INITIAL CONSULTATION, please contact us at 604-974-9529 or email info@ylaw.ca