BC Divorce, Parenting & Property Help

Family Law in British Columbia — what to do right now

Two things people in British Columbia get wrong from day one. First: you do not need your spouse's agreement, and you do not need to prove anyone was 'at fault'. Under the federal Divorce Act the only ground for divorce is marriage breakdown, and the usual way to prove it is living separate and apart for one year (you can even live under the same roof and still be 'separated'). Second — and this is the big one for BC — you may have full property and support rights even if you were never married. Under BC's Family Law Act a 'spouse' includes someone who has lived with a partner in a marriage-like relationship for at least two years, and those spouses share family property equally, just like married couples. (If you have a child together but lived together for less than two years, you can still claim child and spousal support — but the automatic equal split of family property only applies once you reach the two years.) There's also a clock: you generally have two years to start a property or spousal-support claim — running from the divorce if you were married, or from the date you separated if you were not. When you call our free line, you can get free legal information about exactly which rules and deadlines apply to you.

The law in British Columbia: Family Law

Family law in British Columbia is split across federal and provincial law, and which one applies depends on whether you were married and what you're asking for. The divorce itself — the legal end of a marriage — is federal, governed by the Divorce Act, which applies the same way right across Canada. The only ground for divorce is 'breakdown of the marriage', and in almost every case that is proven by living separate and apart for at least one year (the Act also allows adultery or cruelty, but those are rarely used because they require proof and don't speed anything up). You can be 'separated' while still living in the same home. You can file the application before the full year is up, but a court cannot grant the divorce until the one year of separation is complete. The Act even lets you try to reconcile: living together again for up to 90 days total to attempt reconciliation does not reset the one-year clock.

Property is provincial, and this is where BC differs sharply from provinces like Ontario. BC's Family Law Act (SBC 2011, c. 25), in force since 18 March 2013, says that on separation each spouse is presumptively entitled to an undivided half interest in all 'family property' and is equally responsible for family debt — regardless of who earned it, used it, or whose name is on title (section 81). 'Family property' is broadly everything either spouse owns on the date of separation, plus the increase in value of 'excluded property'. Excluded property (section 85) — property you brought into the relationship, plus gifts, inheritances and most personal-injury awards received during it — stays yours, but the growth in its value during the relationship is shared. The single most important BC point is who counts as a 'spouse'. Under section 3, a spouse includes not only married people but anyone who has lived with a partner in a 'marriage-like relationship' for a continuous period of at least two years. (Having a child together also makes you a 'spouse' — but section 3(1)(b) expressly excludes that route from property and pension division, so it gives support rights without the automatic equal split of property; for the property share, the two-year cohabitation is what counts.) That means common-law partners of two years or more in BC get the same equal-division and support rights as married spouses. This is very different from Ontario, where unmarried partners have no automatic property entitlement.

Children are handled under the Divorce Act (if you're divorcing) or BC's Family Law Act (for unmarried parents, or married parents not seeking a divorce). The federal Divorce Act was modernised on 1 March 2021 — the words 'custody' and 'access' are gone, replaced by 'decision-making responsibility' and 'parenting time'. BC's Family Law Act uses its own related vocabulary: 'guardianship', 'parental responsibilities', 'parenting time' and 'parenting arrangements'. Under both statutes there is one test and one test only — the best interests of the child (Family Law Act, section 37) — and the law requires the child's safety, security and well-being to be the paramount concern. There is no presumption of equal time. Child support follows the Federal Child Support Guidelines and their tables, which set a baseline amount from the payor's income and the number of children, with special and extraordinary expenses (like childcare or orthodontics) shared on top. Spousal support is guided by the Spousal Support Advisory Guidelines, which (unlike child support) are advisory only — they suggest a range, not a fixed number. And under Part 9 of the Family Law Act, an at-risk family member can ask for a 'protection order' (formerly called a restraining order), sometimes urgently and without notice to the other side. All of this is general information; how it applies to your facts is a conversation for a BC lawyer.

Key Legislation (Federal + British Columbia)

Divorce Act (FEDERAL) — sole ground is marriage breakdown, usually proven by 1 year living separate and apart; uniform across Canada
Family Law Act (BC, SBC 2011 c. 25, in force 18 March 2013) — equal division of family property; common-law spouses included; Part 9 protection orders
Family Law Act s. 3 — a 'spouse' includes a person in a marriage-like relationship of at least 2 years; having a child together also makes you a spouse for SUPPORT, but s. 3(1)(b) excludes that route from property/pension division
Family Law Act s. 81 — each spouse is presumptively entitled to an equal (half) share of family property and equally responsible for family debt
Family Law Act s. 85 — 'excluded property' (pre-relationship property, gifts, inheritances) stays separate, but its increase in value is shared
Federal Child Support Guidelines — table amount set by payor income + number of children, plus shared special expenses
Spousal Support Advisory Guidelines — ADVISORY ranges for amount and duration; not binding law
Divorce Act modernised 1 March 2021: 'custody/access' replaced by 'decision-making responsibility' and 'parenting time'

Courts & Agencies

Supreme Court of British Columbia — the ONLY court that can grant a divorce, divide family property, or order the full range of Family Law Act remedies
Provincial Court of British Columbia (Family) — hears parenting arrangements, guardianship, child and spousal support and protection orders, but CANNOT grant a divorce or divide property
Family Justice Counsellors — free, government-provided mediation and help with parenting and support, by phone and at Family Justice Centres across BC
Legal Aid BC — free legal advice and, for those who qualify, representation in family-violence and child-protection matters

Deadlines & Key Rules

1 year living separate and apart before a divorce can be granted (Divorce Act); you may file earlier
Up to 90 days of attempted reconciliation does not reset the one-year separation clock
Property / spousal-support claim (Family Law Act s. 198): start within 2 years — from the DIVORCE date if married, or from the SEPARATION date if unmarried
Common-law partners who lived together 2+ years share family property EQUALLY — same as married spouses (a child together gives support rights, but not automatic equal property division)
Excluded property stays separate, but the GROWTH in its value during the relationship is divided (s. 85)

In BC, 'we were never married' usually does not mean 'you get nothing'

Here's what catches British Columbians off guard. In many provinces, unmarried partners walk away from a split with no automatic claim on property. BC is different. Under the Family Law Act, a 'spouse' includes anyone who has lived with a partner in a marriage-like relationship for at least two years — and the moment you cross that line, you share family property equally and may claim spousal support, exactly as a married couple would. People who assume common-law means 'no rights' sometimes sign away a share of a home worth hundreds of thousands of dollars without ever knowing they had a claim. There's also a quieter trap: the two-year deadline to start that claim runs from the date you separated (for unmarried spouses), not from some later paperwork — and once it passes, the claim can be barred. Knowing whether you qualify as a spouse, and when your own clock started, is exactly the kind of thing to pin down early. Call our free Canadian line and you can get that free legal information, in plain English, in your language.

Likely outcomes & penalties

Family law outcomes in British Columbia aren't punishments — they're financial and parenting exposures, and many of them run on formulas, tables and bright-line rules. Here's the realistic range of what's at stake.

Property (equal division)

Under the Family Law Act, family property is divided EQUALLY by default — each spouse takes a half interest, regardless of who earned it or holds title (s. 81). This applies to married spouses AND to common-law partners who lived together two or more years (sharing a child gives support rights, but not the automatic equal property split). Excluded property (brought in, gifted or inherited) stays separate, but its increase in value during the relationship is shared.

Child support

Set by the Federal Child Support Guidelines: a table amount based on the payor's income and the number of children, with childcare, medical and other special expenses shared on top in proportion to income. Support generally continues to age 19 (BC's age of majority), and beyond if the child is in full-time school or unable to be self-supporting.

Spousal support

Whether support is payable depends on factors like the length of the relationship, each person's income and roles, and whether there are children — and it is available to qualifying common-law spouses too. When payable, the Spousal Support Advisory Guidelines suggest a RANGE for amount and duration. These are advisory, not mandatory — the final figure is negotiated or decided by a judge.

Protection order (Family Law Act, Part 9)

An at-risk family member (or someone acting for them) can obtain a protection order against family violence — sometimes urgently and without notice to the other person. Orders usually run for one year unless the court sets a different period. Breaching a protection order is a criminal offence under the Criminal Code and can lead to arrest, charges and jail.

Mistakes to avoid

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Assuming you need your spouse's consent, or proof that they did something wrong, to get divorced — BC divorces are no-fault, and one year of separation is normally all the 'ground' you need.

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Believing common-law partners have no property rights in BC. The opposite is usually true: live together two years and you share family property equally and can claim support — assuming otherwise can cost you a share of the home. (A child together gives support rights even without the two years, but the equal property split needs the two years.)

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Letting the two-year claim deadline slip. For unmarried spouses, the clock to start a property or spousal-support claim runs from the date of SEPARATION (s. 198), and a missed deadline can bar the claim entirely.

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Treating the date of separation as a vague detail. It sets when 'family property' is measured and, for unmarried spouses, starts the limitation clock — so a fuzzy or wrong separation date can shift the property split by a lot.

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Thinking 'custody' is still a fight to be 'won'. BC law speaks of guardianship, parental responsibilities and parenting time, decided only on the child's best interests — and there is no presumption of equal time, so positioning the case as a contest can backfire.

How it works

Calling our Canadian line is free. No web form, no income test, no waiting room — just call from anywhere in British Columbia and start talking through your situation in plain English, or in your language. Ask as many questions as you like.

Talk to an AI assistant trained on Canadian + BC family law. The assistant knows the Divorce Act and BC's Family Law Act — the one-year separation rule, who counts as a 'spouse', equal division of family property and its deadlines, guardianship and parenting arrangements, and the support guidelines — and gives you clear legal information about how your situation works and what your next move is. It's information, not legal advice, and the call creates no lawyer-client relationship.

A paid consultation with a BC family lawyer is coming soon. We're building a network of BC-licensed family law lawyers so that, before long, callers who want one will be able to arrange a paid consultation. For now there's no pressure and no obligation — many callers get what they need from the free conversation and the free resources below.

Free & low-cost Family Law help in British Columbia

If you want to handle part of this yourself, or you can't afford a lawyer, British Columbia has strong free resources — government family-justice services, plain-language self-help, a legal-aid program, low-cost mediation, and a referral service for a low-cost consultation. Start with these.

Legal Aid BC — Family law

British Columbia's legal-aid program. If you meet the income test, Legal Aid BC offers free family legal advice (Family LawLINE), duty counsel, and representation in family-violence and child-protection matters through its Family Law Centre. Province-wide call centre 1-866-577-2525 (or 604-408-2172 in Greater Vancouver).

Family Law in BC (Justice Education Society)

Plain-language, step-by-step guidance on separation, divorce, parenting after separation, child and spousal support, dividing property and family violence — written for self-represented people. Free helpline you can call or text on 1-855-875-8867.

Family Justice Counsellors (Province of BC)

Free, government-provided help with parenting arrangements, guardianship, contact and support. Family Justice Counsellors offer short-term counselling, mediation and referrals through Family Justice Centres and by phone and video across the province — no income test for the service itself.

Clicklaw

A starting point that gathers practical legal information, self-help guides and directories of free and low-cost legal services across British Columbia, including the Clicklaw Wikibooks family-law guides.

Mediate BC

A non-profit that helps the public find qualified family mediators as an alternative to court, with a roster of accredited family mediators across BC and information on how family mediation works.

Access Pro Bono — BC Legal Referral Service

Connects you with a lawyer for a free 15–30 minute consultation on a family-law issue. There's a $25 booking fee (waived for lower-income callers who phone in). Coordinators reachable on 604-687-3221.

FAQ — Family Law in British Columbia

Do I need a reason to get a divorce in British Columbia?

No. Under the federal Divorce Act the only ground is 'breakdown of the marriage', and the normal way to show that is living separate and apart for one year. You don't have to prove your spouse did anything wrong, and you don't need their consent — one person can get the divorce. Adultery and cruelty are technically available but rarely used, because they require proof and don't make anything faster. Call our free Canadian line to get free legal information on exactly how this applies to you.

I lived with my partner but we never married — do I have property rights in BC?

Very likely yes, and this is where BC differs from many provinces. Under the Family Law Act, a 'spouse' includes a person who has lived with a partner in a marriage-like relationship for at least two years. Two-year common-law spouses share family property equally and can claim spousal support, just like married couples. (If you have a child together but lived together for less than two years, you're still a 'spouse' for support purposes, but the equal-property-division rule only applies once you reach the two years.) So 'we were never married' usually does not mean 'I get nothing' in British Columbia. The details are fact-specific, so it's worth confirming whether you qualify before assuming either way.

How is property divided when a relationship ends in BC?

By default, equally. Under the Family Law Act each spouse is entitled to an undivided half interest in all 'family property' and is equally responsible for family debt — regardless of who earned it or whose name is on title (section 81). 'Excluded property' — what you brought into the relationship, plus gifts and inheritances — stays yours, but the increase in its value during the relationship is shared. Free legal information on how this works is available when you call our line.

Is there a deadline to claim my share of property or spousal support?

Yes. Under section 198 of the Family Law Act you generally have two years to start a claim for dividing property or for spousal support. If you were married, the two years runs from the date the divorce (or an order of nullity) is granted. If you were an unmarried (common-law) spouse, it runs from the date you separated. Miss the deadline and the claim can be barred — so it's important to know which date is closest for you.

Can I be 'separated' if we still live in the same house?

Yes. In BC you can be legally separated while living under the same roof — for example sleeping in separate rooms, running separate finances and no longer living as a couple. The one-year separation clock for a divorce can be running even though you haven't physically moved out. The same separation date can also start the two-year clock for an unmarried spouse's property claim, so it matters more than people realise.

What happened to 'custody' and 'access' in BC?

Those words are gone. The federal Divorce Act was modernised on 1 March 2021 to use 'decision-making responsibility' and 'parenting time'. BC's Family Law Act uses its own related terms — 'guardianship', 'parental responsibilities', 'parenting time' and 'parenting arrangements'. Under both, decisions are made on one test only: the best interests of the child (Family Law Act, section 37), with the child's safety and well-being as the paramount concern. There is no presumption of equal time — the court looks at what actually serves the child.

How much is child support in British Columbia?

Child support follows the Federal Child Support Guidelines. There's a table amount based on the paying parent's income and the number of children, and on top of that, special or extraordinary expenses — childcare, significant medical or dental costs, certain activities — are shared between the parents in proportion to income. Support usually continues to age 19 (BC's age of majority), and can continue longer if the child is in full-time school or can't support themselves. A real number needs your actual figures, which the free line can help you understand.

How does spousal support work, and is it guaranteed?

Spousal support isn't automatic. Whether it's payable depends on factors like the length of the relationship, each person's income and roles, and whether there are children — and it is available to qualifying common-law spouses, not just married ones. When it is payable, the Spousal Support Advisory Guidelines suggest a range for both the amount and how long it lasts — but those guidelines are advisory, not binding law, so the final figure is negotiated or decided by a judge. Free legal information about how the guidelines might apply to you is available when you call our line.

How do I get a protection order in BC?

Under Part 9 of the Family Law Act, an 'at-risk family member' — or someone acting on their behalf — can ask the court for a protection order against family violence. In urgent cases the court can hear it quickly and even without notice to the other person at first. Protection orders usually last one year unless the court sets a different period, and breaching one is a criminal offence that can lead to arrest. If you're in immediate danger, call 911 first.

Which court handles my family case — Provincial or Supreme?

It depends what you need. Only the Supreme Court of British Columbia can grant a divorce or divide family property. The Provincial Court of BC (Family) handles parenting arrangements, guardianship, child and spousal support and protection orders, but cannot grant a divorce or divide property. Many people deal with parenting and support in Provincial Court and then go to Supreme Court for property and the divorce itself. The free line can help you understand which court fits your situation.

Is this service free, and is it confidential — and what is it exactly?

Yes — the call is free, with no income test and no web form, and help is available in your language. You can ask as many questions as you like. To be clear about what it is: Legal Hotline gives legal information, not legal advice, and the call creates no lawyer-client relationship — we're not a law firm and not legal aid. A paid consultation with a BC-licensed family law lawyer is coming soon, but for now the line is here to give you free general legal information.

BC family lawyers: join our network

Are you a British Columbia-licensed family law lawyer handling divorce, parenting, guardianship, support, property division or family-violence matters? We're building our BC network ahead of launching paid consultations, so that we can connect callers across Vancouver, Surrey, Victoria, Kelowna, Burnaby and beyond with vetted local counsel after they've spoken with our assistant. If you'd like to receive matched, consultation-ready referrals in your region and practice area, join our network. This is a path for lawyers only — it does not change the free, no-obligation help we give callers.

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Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

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