<p>Some divorces are more complicated than others, and not everyone should use this online tool. So let's start by asking you a few questions to make sure that this website is right for your situation.</p>
<p>Some divorces are more complicated than others, and not everyone should
use this online tool. So let's start by asking you a few questions to make
sure that this website is right for your situation.</p>
</div>
<divclass="question-well">
<h3>When did you and your spouse separate (legally this is referred to as
<p>Separation starts when one spouse decides that things have come to an end/the relationship is over, and then acts on the decision.</p>
<p>Separation starts when one spouse decides that things have come
to an end/the relationship is over, and then acts on the
decision.</p>
<p>You might even still live in the same house to save money, but you're usually still considered separated if you don't share things like meals, a bedroom, and social activities.</p>
<p>You might even still live in the same house to save money, but
you're usually still considered separated if you don't share things
<p>If you cannot remember the exact date you separated then enter: </p>
<ul>
<li>
the last day of that month in which you decided to separate from your spouse,
</li>
<li>
the month, and;
</li>
<li>
the year
the last day of that month in which you decided to separate
from your spouse,
</li>
<li>the month, and;</li>
<li>the year</li>
</ul>
</div>
</div>
</div>
<divclass="question-well">
<h3>Did {% if name_you %} {{ name_you }} {% else %} you {% endif %} and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} attempt to reconcile after you separated <spanid="separation_date_span">{% if separation_date %} on {{ separation_date }}{% endif %}</span>?</h3>
Yes, {% if name_spouse %} {{ name_spouse }} {% else %} my spouse {% endif %} and I lived together again during the following period(s) in an unsuccessful attempt to reconcile</label>
<p>Based on the date(s) you have provided for reconciliation, we have detected that your reconciliation may be for a period of greater than 90 days. Within the one year separation period, you can only live together for 90 days or less. </p>
<p>You can still proceed to complete the application, however, it will be up to the court to decide if you have lived separate and apart for the required period of one year.</p>
<p>You may want to <ahref="{% url 'legal' %}"target="_blank">talk to a lawyer</a> regarding your legal rights and options. </p>
<p>Based on the date(s) you have provided for reconciliation, we
have detected that your reconciliation may be for a period of
greater than 90 days. Within the one year separation period, you
can only live together for 90 days or less. </p>
<p>You can still proceed to complete the application, however, it
will be up to the court to decide if you have lived separate and
apart for the required period of one year.</p>
<p>You may want to <ahref="{% url 'legal' %}"target="_blank">talk
to a lawyer</a> regarding your legal rights and options. </p>
<p>Spouses that are separated can get back together and live together again to try and make the marriage work, but within the one-year separation period they can only live together for a
total of 90 days or less. If they live together for more than 90 days, the one-year period of separation starts all over again from the date of the last separation. For more information
on separation, refer to “<ahref="http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Family-Law/115"target="_blank">Separation and Separation Agreements</a>” from the Canadian Bar Association.</p>
<p>Spouses that are separated can get back together and live
together again to try and make the marriage work, but within the
one-year separation period they can only live together for a total
of 90 days or less. If they live together for more than 90 days,
the one-year period of separation starts all over again from the
date of the last separation. For more information on separation,
target="_blank">Separation and Separation Agreements</a>” from the
Canadian Bar Association.</p>
</div>
</div>
</div>
@ -150,19 +207,32 @@
{% block sidebarText%}
<h3>Am I separated?</h3>
<p>When two people who have been living together in a marriage, or a marriage-like relationship (sometimes called a common-law relationship), decide not to live together any more, they are separated.</p>
<p>There is no such thing as a "legal" separation. If you are living apart, you are separated.</p>
<p>It is possible to be separated and still living in the same home where a clear intention of a permanent separation has been communicated and acted upon.</p>
<p>When two people who have been living together in a marriage decide not to
live together any more, they are separated.</p>
<p>There is no such thing as a "legal" separation. If you are living apart, you
are separated.</p>
<p>It is possible to be separated and still living in the same home where a
clear intention of a permanent separation has been communicated and acted
upon.</p>
<h3>What happens if my spouse and I tried to work things out?</h3>
<p>
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90 days
(either before or after you file the application) to try to reconcile. If things do not work out, you can continue your action for
divorce as if you had not spent the time together.
If you apply for a divorce on the basis of a one-year separation, you can
live together for up to 90 days (either before or after you file the
application) to try to reconcile. If things do not work out, you can
continue your action for divorce as if you had not spent the time together.
</p>
<h3>Does being separated mean living at two different addresses?</h3>
<p>Some couples choose to separate but still live in the same house. A lawyer can tell you what factors courts may consider when they are deciding if you are separated.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/howToProveYouAreSeparatedIfYouStillLiveTogether.php"target="_blank">list of activities and behaviours</a>
that the courts consider to be indicators of a couple being separated can be found on the Family Law in B.C. website.</p>
<p>Some divorces are more complicated than others, and not everyone should use this online tool. So let's start by asking you a few questions to make sure that this website is right for your situation.</p>
<p>Some divorces are more complicated than others, and not everyone should
use this online tool. So let's start by asking you a few questions to make
sure that this website is right for your situation.</p>
</div>
<divclass="question-well">
<h3>Do you and your spouse have any children (includes step children, adopted children). The legal term is children of the marriage.</h3>
<h3>Do you and your spouse have any children (includes step children, adopted
children). The legal term is children of the marriage.</h3>
title='<b>Children for the Marriage</b><br/><br/><p>The <ahref="http://wiki.clicklaw.bc.ca/index.php?title=Divorce Act"target="_blank">Divorce Act</a> defines child of the marriage as:</p>
<p>Child of the marriage means a child of two spouses or former spouses who, at the material time,</p>
<oltype="a"><li>is under the age of majority and who has not withdrawn from their charge, or</li>
<li>is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessaries of life; (enfant à charge)?</li>
<p>More details on the <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/child-enfant/rp/v2/v2_7.html"target="_blank">definition of "child of the marriage"</a> can be found on the Department of Justice website.</p>'>
children of the marriage<iclass="fa fa-question-circle"aria-hidden="true"></i></span>.
<p>Sorry, but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the forms provided on the <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">Supreme Court of B.C. website</a>.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law in B.C. website.</p>
<p>Sorry, but at this point in time you will not be able to
complete your application for divorce using this online tool.
Currently the tool supports a limited number of scenarios. In the
meantime, you can file for divorce using the forms provided on the
<p>Sorry, but at this point in time you will not be able to complete your application for divorce using this online tool. Currently the tool supports a limited number of scenarios. In the meantime, you can file for divorce using the forms provided on the <ahref="http://www2.gov.bc.ca/gov/content/justice/courthouse-services/documents-forms-records/court-forms/sup-family-forms"target="_blank">Supreme Court of B.C. website</a>.</p>
<p>A <ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_courtForms.php"target="_blank">listing of forms</a> that may be required for a Joint Divorce can also be found on the Family Law in B.C. website. </p>
<p>Sorry, but at this point in time you will not be able to
complete your application for divorce using this online tool.
Currently the tool supports a limited number of scenarios. In the
meantime, you can file for divorce using the forms provided on the
title="<b>Orders</b><br/><br/>A record of a decision made by a judge or master that tells you or your spouse what you must do (or not do).
For example: The court has made an order that your spouse must pay you $250 on a monthly basis to help pay off your combined debt.">(Orders)<iclass="fa fa-question-circle"aria-hidden="true"></i></span>?</h1>
title="
<p><b>Orders</b></p>
<p>A record of a decision made by a judge or master that tells you or
your spouse what you must do (or not do). For example: The court has
made an order that your spouse must pay you $250 on a monthly basis
<spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title='<b>Common law relationship</b><br/><br/>The term "common-law relationship" is often used to refer to
a marriage-like relationship that has lasted a certain length of time, usually one or two years.
Used in some federal laws to refer to a marriage-like relationship of a year or longer.'>common law relationship<iclass="fa fa-question-circle"aria-hidden="true"></i></span> (legally known as a "marriage like relationship)"?
</div>
</div>
<divclass="collapse"id="collapse_common_law">
<div>
<p>
A divorce is a court order, made under the Divorce Act, that ends a marriage. Only married spouses need to get a divorce to end their relationship; unmarried spouses and other unmarried couples do not need to divorce. Their relationships are over when
they separate.
</p>
<p>
So you do not need to ask for a legal end to the marriage (Divorce order). However, if you would like spousal support or property and debt issues addressed, you will need to ask for these orders.
</p>
<p><b>Time Limits</b><br/> Note that there are important time limits if you want to apply for spousal support and/or divide property, debt, or a pension.</p>
<p>If you were living in a marriage-like relationship for at least two years, you must <b>apply within two years of the date you separated</b>.</p>
<p>
For more information refer to the
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php"target="_blank">Spousal Support</a> and
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php"target="_blank">How to Divide Property and Debt fact sheets</a> on the Family Law in B.C. website.
When a couple separates, one spouse may be eligible to receive financial support from the other. This is called spousal support. Spousal support is separate and distinct from child support. Unlike child support, spousal support is not a right in every
case. You are entitled to spousal support in certain situations.<br/> The objectives of spousal support are to:
When a couple separates, one spouse may be eligible to
receive financial support from the other. This is called
spousal support. Spousal support is separate and distinct
from child support. Unlike child support, spousal support
is not a right in every case. You are entitled to spousal
support in certain situations.<br/> The objectives of
spousal support are to:
</p>
<ul>
<li>Deal with any economic advantages or disadvantages a spouse may face as a result of the relationship or separation</li>
<li>Share the financial consequences arising from care of the children</li>
<li>Reduce the financial hardship a spouse will experience as a result of the separation, and</li>
<li>Encourage each spouse to become financially self-sufficient within a reasonable period of time.</li>
<li>Deal with any economic advantages or disadvantages a
spouse may face as a result of the relationship or
separation</li>
<li>Share the financial consequences arising from care of
the children</li>
<li>Reduce the financial hardship a spouse will experience
as a result of the separation, and</li>
<li>Encourage each spouse to become financially
self-sufficient within a reasonable period of time.</li>
</ul>
<p>
For more information, please refer to the
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php"target="_blank">Spousal Support fact sheet</a> on the Family Law in B.C. website.
If you and your spouse have already agreed on spousal support (which could be in the form of a separation agreement) then you do not need to ask for an Order for Spousal Support. However, if you <b>do not have a separation agreement</b> that deals with spousal support, then you may want to select this option.
If you and your spouse have already agreed on spousal support
(which could be in the form of a separation agreement) then you
do not need to ask for an Order for Spousal Support. However,
if you <b>do not have a separation agreement</b> that deals
with spousal support, then you may want to select this option.
</p>
<p>
You can enforce either a separation agreement that has been filed at the registry, which then becomes an order, or you can ask for the order (spousal support) from the court. Either one will be enforceable (require the other party to do something/adhere to what has been agreed).
You can enforce either a separation agreement that has been
filed at the registry, which then becomes an order, or you can
ask for the order (spousal support) from the court. Either one
will be enforceable (require the other party to do
something/adhere to what has been agreed).
</p>
</div>
</div>
@ -93,15 +100,28 @@
<divclass="question-well">
<divclass="checkbox"><label>{% input_field type="checkbox" name="want_which_orders" value="Division of property and debts" data_target_id="property_division_alert" data_reveal_target="true" %}<b>Division of property and debts</b></label></div>
<p>Anything you own including real estate, bank accounts, cars and RRSPs. For more information, please refer to the <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/debtsAfterSeparation.php"target="_blank">Dealing with Debts
After Separation fact sheet</a> on the Family Law in B.C. website.</p>
<p>
Anything you own including real estate, bank accounts, cars and
If you and your spouse have already agreed on division of property and debts (which could be in the form of a separation agreement) then you do not need to ask for an Order for Division of Property and Debts. However, if you <b>do not have a separation agreement</b> that deals with property and debts, then you may want to select this option.
If you and your spouse have already agreed on division of
property and debts (which could be in the form of a separation
agreement) then you do not need to ask for an Order for
Division of Property and Debts. However, if you <b>do not have
a separation agreement</b> that deals with property and debts,
then you may want to select this option.
</p>
<p>
You can enforce either a separation agreement that has been filed at the registry, which then becomes an order, or you can ask for the order (property and debts) from the court. Either one will be enforceable (require the other party to do something/adhere to what has been agreed).
You can enforce either a separation agreement that has been filed
at the registry, which then becomes an order, or you can ask for
the order (property and debts) from the court. Either one will be
enforceable (require the other party to do something/adhere to
<p>We've noticed that at this point in time you are not applying for spousal support and/or division of property, debt, or a pension. If you decide to request these items in the future there are some time limits.</p>
<p>We've noticed that at this point in time you are not applying for
spousal support and/or division of property, debt, or a pension. If you
decide to request these items in the future there are some time limits.</p>
<h2>Division of Property and Debts</h2>
<p>If you were married, you must apply to divide property within two years after you get an order for divorce. If you were living in a marriage-like relationship for at least two years, you must apply within two years of the date you separated.</p>
<p>If you were married, you must apply to divide property within two years
after you get an order for divorce. If you were living in a marriage-like
relationship for at least two years, you must apply within two years of the
date you separated.</p>
<h2>Spousal Support</h2>
<p>If you were married, you must apply for spousal support under the Family Law Act within two years after you get an order for divorce. If you are applying for spousal support under the Divorce Act, you do not have a time limit.</p>
<p>If you were unmarried, and you qualify for spousal support, you must apply within two years of the date you separated.</p>
<p>If you were married, you must apply for spousal support under the Family
Law Act within two years after you get an order for divorce. If you are
applying for spousal support under the Divorce Act, you do not have a time
limit.</p>
<p>If you were unmarried, and you qualify for spousal support, you must
apply within two years of the date you separated.</p>
<h1class="modal-title">What are you asking for (Orders)?</h1>
</div>
<divclass="modal-body">
<p>With an undefended divorce (aka desk order divorce) you do not need to appear in court. However a judge needs to review and approve what you are asking for. Orders allow you to tell the court what you want (for example division of property
and debt).</p>
<p>With an undefended divorce (aka desk order divorce) you do
not need to appear in court. However a judge needs to review
and approve what you are asking for. Orders allow you to tell
the court what you want (for example division of property
An order is the record of the judge's decision. It is filed at the court registry. In Supreme Court, the parties involved in a case (or their lawyers) are responsible for telling the court the order(s) they want.
An order is the record of the judge's decision. It is filed at the court
registry. In Supreme Court, the parties involved in a case (or their
lawyers) are responsible for telling the court the order(s) they want.
This is done by putting the details in writing in their
title="<b>Application</b><br/><br/>An application is a request to the court for an order or judgment
which occurs during the course of a court proceeding.What this means is an application is what you are seeking
from the court and the draft order is the outcome of what is being sought. The draft order includes the full details
(e.g. child support to be paid by payor or payee, by when, how, etc). of what you want the court to grant." >application<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
title="
<p><b>Application</b></p>
<p>An application is a request to the court for an order or judgment
which occurs during the course of a court proceeding.What this means
is an application is what you are seeking from the court and the
draft order is the outcome of what is being sought. The draft order
includes the full details (e.g. child support to be paid by payor or
payee, by when, how, etc). of what you want the court to grant.</p>
title="<b>Draft of the order</b><br/><br/>A draft final order sets out what orders (decisions) you want the court to make (what you want the judge to approve).
The draft final order is reviewed by a judge or master. If the judge or master makes the order you ask for,
they'll sign the <b>draft order</b> you filed and it becomes your <b>final court order</b>.">draft of the order<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
title="
<p><b>Draft of the order</b></p>
<p>A draft final order sets out what orders (decisions) you want the
court to make (what you want the judge to approve). The draft final
order is reviewed by a judge or master. If the judge or master makes
the order you ask for, they'll sign the <b>draft order</b> you filed
and it becomes your <b>final court order</b>.</p>
">draft of the order<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
The judge or master who reviews the application will sign the order, if
they approve it.
</p>
<p>
More information on <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/allAboutCourtOrders.php"target="_blank">Court Orders</a> can be found on the Family Law in B.C. website.
<h3>{% if name_you %} {{ name_you }} {% else %}Claimant 1 {% endif %} and {% if name_spouse %} {{ name_spouse }} {% else %}Claimant 2 {% endif %}
are asking for an <spanclass="tooltip-link"data-toggle="tooltip"data-placement="auto"data-html="true"data-trigger="click"
title="<b>Order</b><br/>A type of court ruling a judge or master makes that sets out what you must do or not do.">order<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
{% input_field type="textarea" name="spouse_support_details" rows="8" cols="65" class="response-textarea" placeholder="Please enter the spousal support details that you want to appear in the order issued by the court." %}
<p>
To see some examples of how to write what you are asking for, refer to the Supreme Court of B.C. website. The website has a list of
<p>The amount and duration of spousal support is determined after considering the circumstances of each spouse, including:</p>
<p>The amount and duration of spousal support is determined after
considering the circumstances of each spouse, including:</p>
<ul>
<li>Your financial situation and the financial situation of your former spouse</li>
<li>Your financial situation and the financial situation of
your former spouse</li>
<li>How long your relationship lasted</li>
<li>The roles and functions of each spouse during the relationship, and</li>
<li>What the person who is asking for spousal support needs in order to become self-sufficient, such as extra training or education.</li>
<li>The roles and functions of each spouse during the
relationship, and</li>
<li>What the person who is asking for spousal support needs in
order to become self-sufficient, such as extra training or
education.</li>
</ul>
<p>
<ahref="http://mysupportcalculator.ca"target="_blank">MySupportCalculator.ca</a> is a website with a support calculator which can give you a rough estimate of spousal support."
The guidelines and calculations are complicated so you may want to contact a
<ahref="{% url 'legal' %}"target="_blank">family law lawyer</a> or a <ahref="{% url 'legal' %}"target="_blank">family justice counsellor</a> for help.
For more information, please see the fact sheet <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php"target="_blank">Spousal Support</a> on the Family Law in B.C. website.
<ahref="http://mysupportcalculator.ca"
target="_blank">MySupportCalculator.ca</a> is a website with
a support calculator which can give you a rough estimate of
spousal support. The guidelines and calculations are
complicated so you may want to contact a
<ahref="{% url 'legal' %}"target="_blank">family law lawyer</a>
or a <ahref="{% url 'legal' %}"target="_blank">family justice
counsellor</a> for help. For more information, please see the
target="_blank">How to Write Your Own Separation Agreement</a>,
on the Family Law in B.C. website.
</p>
<p>
You may also find Clicklaw's wikibook on <ahref="http://wiki.clicklaw.bc.ca/index.php/Spousal_Support"target="_blank">Spousal Support</a> helpful.
This wikibook is a chapter from the JP Boyd on <ahref="http://wiki.clicklaw.bc.ca/index.php?title=JP_Boyd_on_Family_Law"target="_blank">Family Law wikibook</a>.
<li>You lived together in a marriage-like relationship for at least two years, or</li>
<li>You lived in a marriage-like relationship for less than two years, but you have a child together (This recognizes that having a child together also creates interdependence between the couple that may result in a need for spousal support.)</li>
<li>You lived together in a marriage-like relationship for at
least two years, or</li>
<li>You lived in a marriage-like relationship for less than two
years, but you have a child together (This recognizes that
having a child together also creates interdependence between
the couple that may result in a need for spousal support.)</li>
</ul>
<p>
For more information, please refer to the the <ahref="http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support/can-i-get"target="_blank">Spousal Support fact sheet</a> on the Family Law in B.C. website.
<divclass="radio"><label>{% input_field type="radio" name="spouse_support_act" value="The Family Law Act" data_target_id="family_law_time_limit" data_reveal_target="true" %}The Family Law Act</label> - <ahref="http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01"target="_blank">view the Family Law Act</a></div>
<p>Ok, you may be thinking, how the heck am I supposed to know which Act (a written law) applies. Let's see if we can help you identify which Act best fits with your circumstances/situation.</p>
<p><b>If you are not married (common law) > Family Law Act</b><br/>
If you were never married, you must use the Family Law Act. Provincial and territorial laws apply when unmarried couples separate or when married couples separate but do not pursue a divorce.
</p>
<p><b>If you are Married > Family Law Act or Divorce Act</b><br/>
If you're married, you have a choice.The federal Divorce Act generally applies when parents are divorcing. Provincial and territorial laws apply when married couples separate but do not pursue a divorce.
</p>
<p>
For more information on
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/what_laws_apply.php"target="_blank">which laws apply</a> to your situation please refer to the Family Law of B.C. website.
</p>
<p>Ok, you may be thinking, how the heck am I supposed to know
which act (a written law) applies. Let's see if we can help you
identify which act best fits with your
circumstances/situation.</p>
<p>The Family Law Act and the Divorce Act overlap in some areas
but not others. You must apply under the Family Law Act for the
division of property or debts, a family law protection order,
or orders related to guardianship. The Divorce Act does not
deal with these.</p>
<p>There are big differences in how the Divorce Act and the
Family Law Act deal with some issues, especially parenting. For
more information on which laws apply to your situation please
{% input_field type="hidden" id="spouse_support_act_common_law" name="spouse_support_act" value="The Family Law Act" %}
<p>
As you and your spouse were never legally married, you must use the
<ahref="http://www.bclaws.ca/civix/document/id/complete/statreg/11025_01"target="_blank">Family Law Act</a>
for your separation. Provincial and territorial laws apply when unmarried couples separate or when married couples separate but do not pursue a divorce.
As you and your spouse were never legally married, you must
to your situation please refer to the Family Law of B.C. website.
</p>
</div>
<divclass="information-message bg-danger">
<h2>Time limit to apply for court order</h2>
<p>If you were unmarried, and you qualify for spousal support, you must apply <b>within two years of the date you separated</b>.</p>
<p>If you were unmarried, and you qualify for spousal support,
you must apply <b>within two years of the date you
separated</b>.</p>
</div>
</div>
{% endif %}
@ -168,10 +247,27 @@
<h1class="modal-title">Spousal Support</h1>
</div>
<divclass="modal-body">
<p>Okay {{ name_you }}, now we need to ask you several questions about spousal support.</p>
<p>Spousal support is paid by one spouse to financially support the other spouse after separation, under an agreement or order. The purpose of spousal support is to help meet the on-going financial needs of a financially dependent spouse for a defined period of time.</p>
<p>The answers you provide will be used to populate what's called a Draft Final Order Form (F52). A draft final order sets out what orders (decisions) you want the court to make. This will be reviewed by a judge or master. If the judge or master makes the order you ask for, they'll sign the draft order you filed and it becomes your final court order.</p>
<p>If there's a problem with your order and the judge or master doesn't approve it, the court registry will let you know. You might have to draft another version of the order or appear in court to give the judge or master more information about what you wrote in the order.</p>
<p>Okay {{ name_you }}, now we need to ask you several
questions about spousal support.</p>
<p>Spousal support is paid by one spouse to financially support
the other spouse after separation, under an agreement or order.
The purpose of spousal support is to help meet the on-going
financial needs of a financially dependent spouse for a defined
period of time.</p>
<p>The answers you provide will be used to populate what's
called a Draft Final Order Form (F52). A draft final order sets
out what orders (decisions) you want the court to make. This
will be reviewed by a judge or master. If the judge or master
makes the order you ask for, they'll sign the draft order you
filed and it becomes your final court order.</p>
<p>If there's a problem with your order and the judge or master
doesn't approve it, the court registry will let you know. You
might have to draft another version of the order or appear in
court to give the judge or master more information about what
The <ahref="http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html"target="_blank"> Support Advisory Guidelines</a> can help you figure out the amount of spousal support that should be paid.
<p><b>Spousal Support Advisory Guidelines</b><br/>
target="_blank"> Support Advisory Guidelines</a> can help you
figure out the amount of spousal support that should be paid.
</p>
<p>These guidelines aren't the law (neither you or the judge has to follow them), but if your case went to court, the judge or master would probably look at the guidelines to help make his or her decision about the amount of spousal support. The guidelines take into account the income of both spouses, how long you were married, and whether you have children.</p>
<p>These guidelines aren't the law (neither you or the judge has to
follow them), but if your case went to court, the judge or master
would probably look at the guidelines to help make his or her
decision about the amount of spousal support. The guidelines take
into account the income of both spouses, how long you were married,
and whether you have children.</p>
<p>For more information, see the Department of Justice website on
<p>Many couples come to an agreement about spousal support without going to court. Agreements that are filed with the court can be enforced — they have the same force as a court order. They can also be set aside (cancelled) if the situation changes.</p>
<p>If you're trying to negotiate an agreement, consider the factors listed under When should spousal support be paid? (above) and the amount of support listed in the Spousal Support Advisory Guidelines. Get advice from a lawyer about what is fair.</p>
<p>Many couples come to an agreement about spousal support without
going to court. Agreements that are filed with the court can be
enforced — they have the same force as a court order. They can also
be set aside (cancelled) if the situation changes.</p>
<p>If you're trying to negotiate an agreement, consider the factors
listed under When should spousal support be paid? (above) and the
amount of support listed in the Spousal Support Advisory
Guidelines. Get advice from a lawyer about what is fair.</p>
</div>
</div>
<div>
<h3>What financial information you will need to provide</h3>
<p>When one spouse applies for spousal support, both spouses will have to provide financial information to each other and to the court. You will have to share detailed documents showing your income, assets, and debt. Both Supreme and Provincial Court have rules setting out exactly what needs to be shared and when.</p>
<p>Be aware that the law requires you to provide "full and true" information to the other party, whether you're negotiating an agreement or making or responding to a court application. There can be serious consequences if you don't. There may be financial penalties, and the court could make changes to your agreement or order.</p>
<p>When one spouse applies for spousal support, both spouses will have
to provide financial information to each other and to the court. You
will have to share detailed documents showing your income, assets, and
debt. Both Supreme and Provincial Court have rules setting out exactly
what needs to be shared and when.</p>
<p>Be aware that the law requires you to provide "full and true"
information to the other party, whether you're negotiating an agreement
or making or responding to a court application. There can be serious
consequences if you don't. There may be financial penalties, and the
court could make changes to your agreement or order.</p>
<p>In the Supreme Court, both parties must fill out a
<ahref="http://www.ag.gov.bc.ca/courts/forms/sup_family/F8.pdf"target="_blank">Financial Statement Form (F8)</a> and file it with the court for orders related to support. For help, refer to the guide
<ahref="http://www.familylaw.lss.bc.ca/guides/mini/howToFillFinanState_SC.php"target="_blank">How to deal with a Supreme Court Financial Statement,</a> produced by the Legal Services Society.</p>
<p>In the Provincial Court, both parties must fill out and file a Financial Statement Form (F4). For help, see our guide How to deal with a Provincial Court Financial Statement. However, if you agree about the amount of your incomes and how much support should be paid, you can instead fill out a Consent form Form (F19) and file it along with copies of your most recent income tax returns and notices of assessment.</p>
<h1><small>Step {% step_order step="property" %}:</small>Property and Debt</h1>
<divclass="intro">
<p>After you separate, the law says that all <spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Family property</b><br/><br/>The asset acquired by either spouse during the course of the relationship,
plus any increase in the value of excluded properties. The law assumes that you're both entitled to an equal share of family property unless an equal division would be significantly unfair."> family property<iclass="fa fa-question-circle"aria-hidden="true"></i></span> and
<spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Family debt</b><br/><br/>Money owed to others accumulated during a relationship or to maintain
family property after separation. The law assumes that both spouses are equally responsible for the debt
unless an equal division would be "significantly unfair.""> family debt<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
<p>Money owed to others accumulated during a relationship or to
maintain family property after separation. The law assumes that
both spouses are equally responsible for the debt unless an equal
division would be “significantly unfair.”
"> family debt<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
must be divided equally between you and your spouse, unless you have
<spanclass="tooltip-link"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>An agreement</b><br/><br/>A written document that sets out how you and your spouse have agreed
to deal with parenting, support, and/or property." > an agreement<iclass="fa fa-question-circle"aria-hidden="true"></i></span> that says you'll divide them differently.
<p>A written document that sets out how you and your spouse have agreed
to deal with parenting, support, and/or property.</p>
"> an agreement<iclass="fa fa-question-circle"aria-hidden="true"></i></span>
that says you'll divide them differently.
</p>
<p>Family property is everything either you or your spouse own together or separately on the date you separate. It includes:</p>
<p>Family property is everything either you or your spouse own together or
separately on the date you separate. It includes:</p>
<ul>
<li>the family home</li>
<li>RRSPs</li>
@ -32,104 +51,124 @@
</ul>
<p>It doesn't matter whose name the property is in.</p>
<p>
See <ahref="http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/11025_05#section84"target="_blank">section 84 of the Family Law Act</a> for more about what counts as family property.
target="_blank">section 84 of the Family Law Act</a> for more about
what counts as family property.
</p>
</div>
<divclass="question-well">
<h3>How have you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} agreed to deal with your property and debt?</h3>
<divclass="radio"><label>{% input_field type="radio" name="deal_with_property_debt" value="Equal division" data_target_id="property_debt_division_method" data_reveal_target="false" %}<em>Equal division</em> of family property and debt</label></div>
<divclass="radio"><label>{% input_field type="radio" name="deal_with_property_debt" value="Unequal division" data_target_id="property_debt_division_method" data_reveal_target="true" %}<em>Unequal division</em> of family property and family debt</label></div>
<p>Note: the court will only order an unequal division when an equal division is significantly unfair.</p>
<p>A court will divide family property or debt unequally only if it would be “significantly unfair” to divide it equally. This means that a court will not order an unequal division in most cases. The court can look at a number of factors when
deciding whether to divide property or debt unequally.</p>
<p>As well, a couple can divide their property or debt unequally by making an agreement.</p>
<p>
See
<ahref="http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/11025_05#section95"target="_blank">section 95</a> of the Family Law Act for more about unequal division of property and debt.
<p>A court will divide family property or debt unequally only if it
would be “significantly unfair” to divide it equally. This means
that a court will not order an unequal division in most cases. The
court can look at a number of factors when deciding whether to
divide property or debt unequally.</p>
<p>As well, a couple can divide their property or debt unequally by
<p>For dividing property and debts, couples who have lived together in a marriage-like relationship for two years are treated like married couples. This means you equally share all the property you acquired during the relationship. If you bought
the house while you were in a marriage-like relationship, it doesn't matter who paid the down payment — the house is considered family property and you'll have to divide it equally. (If either of you owned property that was bought before
the relationship, you have to share the amount by which the value of the property increased since you started living together.)</p>
<p>However, if applying the rule would result in significant unfairness, a judge can order a division that's not 50/50.</p>
</div>
</div>
{% if married_marriage_like == 'Living together in a marriage like relationship' %}
<divclass="information-message bg-danger">
<p>In order to be considered a spouse for the purposes of dividing property or debt you must have lived together in a marriage-like relationship for at least two years.</p>
<p>Under the law, the start date of a spousal relationship is the day two individuals begin living together in a marriage-like relationship, or the day they were married, whichever is first. The start date of a spousal relationship determines when
rights or responsibilities start under the Family Law Act, particularly respecting property division.</p>
<h3>Please describe how you and your spouse plan to divide your property, assets and your debts. </h3>
<p>Because the division of family property and debt can be complex we recommend you get
<ahref="http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/who-can-help/lawyers"target="_blank">legal advice</a> before you make any final decisions.
<h3>Please describe how you and your spouse plan to divide your property,
assets and your debts. </h3>
<p>Because the division of family property and debt can be complex we
Where to find out more about dealing with Property and Debt
</div>
</div>
<divclass="collapse"id="collapse_deal_property">
<div>
<p>The fact sheet Dealing With Debts After Separation (for Married and Common-law Couples) by the Legal Services Society answers a range of questions including:</p>
<p>The fact sheet Dealing With Debts After Separation (for Married
and Common-law Couples) by the Legal Services Society answers a
range of questions including:</p>
<ul>
<li>What is family property?</li>
<li>What about property one of us owned before we got together?</li>
<li>Can creditors force me to pay back my ex-spouse's debts?</li>
</ul>
<p>The Family Law web site has an online separation agreement tool that details some of the items to consider when
<p>The Family Law web site has an online separation agreement tool
that details some of the items to consider when
<ahref="http://www.familylaw.lss.bc.ca/guides/separation/property.php"target="_blank">dividing property</a> and
target="_blank">standard terms</a> for most of the usual orders made
in family cases.
</p>
</div>
<divclass="question-well">
<h3>Other Property Claims</h3>
<p>This section is for property claims not covered by the Family Law Act—property that is not family property. This includes:</p>
<p>This section is for property claims not covered by the Family Law
Act—property that is not family property. This includes:</p>
<ul>
<li>excluded property, such as gifts or inheritances the other party received while you were together and property owned by the other party at the time you moved in together</li>
<li>excluded property, such as gifts or inheritances the other party
received while you were together and property owned by the other
party at the time you moved in together</li>
<li>property owned by a third party</li>
<li>property you’re claiming on the basis of unjust enrichment (a legal concept used to get a share of property that you’re not entitled to under the Family Law Act)</li>
<li>property you’re claiming on the basis of unjust enrichment (a legal
concept used to get a share of property that you’re not entitled to
under the Family Law Act)</li>
</ul>
<p>
You can ask for an interest in the property (part ownership) or compensation (money). If the property is real estate, provide the legal description.
You can ask for an interest in the property (part ownership) or
compensation (money). If the property is real estate, provide the legal
description.
</p>
<div>
<label>
{% if name_you %} {{ name_you }} {% else %}Claimant 1 {% endif %} and {% if name_spouse %} {{ name_spouse }} {% else %}Claimant 2 {% endif %}
ask for an order respecting an interest in property or for compensation instead of an interest in that property, as follows:
<p>{{ name_you }}, next up let's go over some questions pertaining to the division of property and debt. The answers you provide will be used to populate what's called a Draft Final Order (Form 52). </p>
<p>A draft final order sets out what orders (decisions) you want the court to make. This will be reviewed by a judge or master. If the judge or master makes the order you ask for, they'll sign the draft order you filed and it becomes your final court order.</p>
<p>If there's a problem with your order and the judge or master doesn't approve it, the court registry will let you know. You might have to draft another version of the order or appear in court to give the judge or master more information about what you wrote in the order.</p>
<p>{{ name_you }}, next up let's go over some questions
pertaining to the division of property and debt. The answers
you provide will be used to populate what's called a Draft
Final Order (Form 52). </p>
<p>A draft final order sets out what orders (decisions) you
want the court to make. This will be reviewed by a judge or
master. If the judge or master makes the order you ask for,
they'll sign the draft order you filed and it becomes your
final court order.</p>
<p>If there's a problem with your order and the judge or master
doesn't approve it, the court registry will let you know. You
might have to draft another version of the order or appear in
court to give the judge or master more information about what
<h3>Where to Find Out More About Dealing with Property and Debt</h3>
<p>For more information about dealing with Property and Debt, please visit:</p>
<ul>
<li>The <ahref="http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/dealing-with-property-and-debt"target="_blank">Family Justice section</a> of the BC Government web site. </li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php"target="_blank">Dividing family property and debts</a> on the Family Law in British Columbia website</li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/publications/pub.php?pub=347"target="_blank">Living Together or Living Apart</a>, a booklet about the family law basics in B.C.</li>
<li><ahref="http://www.cbabc.org/For-the-Public/Dial-A-Law/Scripts/Family-Law/124"target="_blank">Dividing Family Assets</a> in the Family Law section of Dial-A-Law</li>
target="_blank">Dividing Family Assets</a> in the Family Law
section of Dial-A-Law</li>
</ul>
<h3>Excluded property includes:</h3>
<ul>
<li>any property that each spouse owned before the relationship started</li>
<li>gifts and inheritances given to only one spouse during the relationship;</li>
<li>compensation payments made to one spouse only for personal injury or loss (unless it was meant to compensate both spouses or involves income that was lost during the relationship)</li>
<li>insurance payments made to one spouse only for personal injury or loss (unless it was meant to compensate both spouses or involves income that was lost during the relationship); or</li>
<li>property bought during the relationship with excluded property. Excluded property belongs to the spouse who owned, bought, or received it. However, if the property becomes more valuable during the relationship, the increase in value is considered
<li>any property that each spouse owned before the relationship
started</li>
<li>gifts and inheritances given to only one spouse during the
relationship;</li>
<li>compensation payments made to one spouse only for personal injury
or loss (unless it was meant to compensate both spouses or involves
income that was lost during the relationship)</li>
<li>insurance payments made to one spouse only for personal injury or
loss (unless it was meant to compensate both spouses or involves
income that was lost during the relationship); or</li>
<li>property bought during the relationship with excluded property.
Excluded property belongs to the spouse who owned, bought, or
received it. However, if the property becomes more valuable during
the relationship, the increase in value is considered
Justin Johnson
8 years ago