It is crucial to document your date of separation in a formal manner. This can be accomplished through email, text, or written notice. Clearly state in the correspondence that the relationship has ended and that as of a specific date, both parties are officially separated. By clearly stating this information, there is no room for misinterpretation, providing a solid foundation for the legal aspects of the separation.

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When going through the separation process there are a number of things I recommend you keep in mind:

1. You can be separated even if you live in the same house

Regardless of your living situation, be aware that marriage or spousal status is not determined only by cohabitation. Just like how a couple can live together before becoming official spouses, or how a married couple can reside in different cities for personal or work reasons, where you live and who you live with does not determine your separation status. It is possible to lead separate lives while sharing the same roof, and it is equally possible to remain spouses (whether married or common law) while living miles apart from each other. Therefore, it is crucial to understand that your physical location and living arrangements do not solely determine your separation status.

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2. The two-year limitation period

As per BC Law, the limitation period for commencing a court action in cases involving property, debt, pension division, and spousal support is two years. For married couple, this time frame begins when a divorce order is granted, which typically occurs after all other issues in the case have been resolved. While this may not be a major concern for married couples, it is crucial for unmarried individuals to note that the 2-year limit starts from the date of separation. Taking prompt action is recommended to avoid forfeiting any rights to property division or spousal support. It is important to note that while there may be certain circumstances that can extend the two-year limitation, it should not be solely relied upon. It is best to seek the advice of a lawyer as soon as possible rather than wait until it is too late.

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3. Gather all your information and documents

Ensure all pertinent information and documentation is gathered at the time of separation. This includes details regarding the value of your property, any investments, outstanding debts, bank accounts, mortgages, lines of credit, and credit cards. It is highly recommended to make photocopies of all relevant documents. This will aid you and your lawyer in maintaining organization and provide a clearer understanding of the assets owned by you and your former spouse. In the province of British Columbia, all assets are divisible, making it crucial to gather this information and documentation as the initial step in reaching a mutually agreeable arrangement.

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If you’re getting separated, it is important to have a clear understanding of the procedures in BC. The information outlined above serves as a general guide to aid in this understanding. The information provided is general and should not be taken as legal advice. It is important to understand that each case is unique and specific to individual circumstances. Therefore, it may be necessary to seek legal advice that is tailored to your specific case. Please consult with a legal professional for personalized advice.

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