<p>Refer to that separation agreement or court order when filling out the documents for divorce. You'll also need to attach a copy to the documents you file with the court.</p>
<p>The parts of the agreement that deal with parenting and support can be enforced as if they were in a court order.</p>
<p>More information on <ahref="http://www.familylaw.lss.bc.ca/guides/mini/fileAgreementSC.php">how to flle your agreement</a> can be found on the Legal Services Society web site.</p>
<p>More information on <ahref="http://www.familylaw.lss.bc.ca/guides/mini/fileAgreementSC.php"target="_blank">how to flle your agreement</a> can be found on the Legal Services Society web site.</p>
</div>
<divid="no_order"hidden>
@ -48,7 +48,7 @@
<p>
If you and your spouse can work together to reach a fair agreement, it's important that you have it written down and that both of you sign it.
</p>
<p>More information on <ahref="http://www.familylaw.lss.bc.ca/guides/mini/fileAgreementSC.php">how to flle your agreement</a> can be found on the Legal Services Society web site.</p>
<p>More information on <ahref="http://www.familylaw.lss.bc.ca/guides/mini/fileAgreementSC.php"target="_blank">how to flle your agreement</a> can be found on the Legal Services Society web site.</p>
<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.
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.
@ -47,8 +47,8 @@
</p>
<p>
For more information refer to the
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php">Spousal Support</a> and
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php">How to Divide Property and Debt</a> fact sheets on the Legal Services Society web site.
<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</a> fact sheets on the Legal Services Society web site.
</p>
</div>
</div>
@ -62,7 +62,7 @@
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." aria-hidden="true"></i>
) then you do not need to ask for an Order for Spousal Support. However if you want the spousal support agreement to be enforceable (legally binding) you will need to select this option.</p>
<h2>Time limit to apply for court order </h2>
<p>If you were married, you must apply for spousal support under the
<ahref="http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support">Family Law Act</a>
<ahref="http://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/spousal-support"target="_blank">Family Law Act</a>
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>
@ -82,8 +82,8 @@
<p><em>Anything you own including real estate, bank accounts, cars and RRSPs.</em></p>
<p><em>For more information, please refer to the following fact sheets on the Legal Services Society website:</em></p>
<ul>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php">How to Divide Property and Debts</a></li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/debtsAfterSeparation.php">Dealing with Debts After Separation</a></li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php"target="_blank">How to Divide Property and Debts</a></li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/debtsAfterSeparation.php"target="_blank">Dealing with Debts After Separation</a></li>
<p><em>For more information, please refer to the following fact sheets on the Legal Services Society website:</em></p>
<ul>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php">How to Divide Property and Debts</a></li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/debtsAfterSeparation.php">Dealing with Debts After Separation</a></li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/dividePropertyAndDebts.php"target="_blank">How to Divide Property and Debts</a></li>
<li><ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/debtsAfterSeparation.php"target="_blank">Dealing with Debts After Separation</a></li>
</ul>
</div>
</div>
@ -138,7 +138,7 @@
<h2>Marriage Certificates</h2>
<p>An order is the record of the judge's decision. It is filed at the court registry. The parties involved in a case (or their lawyers) are responsible for writing out the order.
The judge or master who heard your case doesn't write the order. The court clerk doesn't write the order. (But in Provincial Court, court clerks do write out orders for unrepresented parties)..</p>
<p>More information on <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/allAboutCourtOrders.php">Court Orders</a> can be found on the Legal Services Society web site.</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 Legal Services Society web site.</p>
<p>The Notice of Joint Family Claim has five schedules (or sections). You only have to fill out the schedules that relate to the order you're asking for.</p>
<p><ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_step2.php">(insert table from LSS web site)</a></p>
<p><ahref="http://www.familylaw.lss.bc.ca/guides/divorce/divJoint_step2.php"target="_blank">(insert table from LSS web site)</a></p>
<p>The Meaning of "Ordinary Residence" and "Habitual Residence" in the Common Law Provinces in a Family Law Context: <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html">http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html</a></p>
<p>The Meaning of "Ordinary Residence" and "Habitual Residence" in the Common Law Provinces in a Family Law Context: <ahref="http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html"target="_blank">http://www.justice.gc.ca/eng/rp-pr/fl-lf/divorce/rhro_cl/p4.html</a></p>
<h2>How can you prove you're separated if you and your spouse still live together?</h2>
<p>You and your spouse might have decided to end your relationship, but for financial or other reasons, you can't live separately. You might have to prove to a court that you and your spouse have actually separated so that you can get a divorce and/or divide up the assets you have as a couple.</p>
<p>A list of activities and behaviours that the courts consider to be indicators of a couple being separated can be found on the
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/howToProveYouAreSeparatedIfYouStillLiveTogether.php">Legal Services Society web site.</a></p>
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/howToProveYouAreSeparatedIfYouStillLiveTogether.php"target="_blank">Legal Services Society web site.</a></p>
<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="MySupportCalculator.ca">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 family law lawyer or a family justice counesllor for help.
<ahref="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 family law lawyer or a family justice counesllor for help.
For more information, please see the fact sheet <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php">Spousal Support</a> by the Legal Services Society.
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> by the Legal Services Society.
</p>
</div>
</div>
@ -45,7 +45,7 @@
<div>
<p>Typically, Spousal Support is resolved out of court and is detailed in a separation agreement.</p>
<p>Many couples come to an agreement about spousal support outside of court and capture the details in a
"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>
@ -61,12 +61,12 @@
</p>
<p>
For help on what factors to consider, and details to include in your spousal support agreement, refer to the online tool,
<ahref="http://www.familylaw.lss.bc.ca/guides/separation/supportSpouse.php">How to Write Your Own Separation Agreement</a>,
<ahref="http://www.familylaw.lss.bc.ca/guides/separation/supportSpouse.php"target="_blank">How to Write Your Own Separation Agreement</a>,
produced by the Legal Services Society.
</p>
<p>
You may also find Clicklaw's wikibook on <ahref="http://wiki.clicklaw.bc.ca/index.php/Spousal_Support">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">Family Law wikibook</a>.
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>.
</p>
</div>
</div>
@ -101,7 +101,7 @@
</p>
<p>
For more information on
<ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/what_laws_apply.php">which laws apply</a> to your situation please refer to the Legal Services Society web site.
<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 Legal Services Society web site.
<p>The <ahref="http://www.justice.gc.ca/eng/fl-df/spousal-epoux/ss-pae.html"> Support Advisory Guidelines</a> can help you figure out the amount of spousal support that should be paid.</p>
<p>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>
<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>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">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">How to deal with a Supreme Court Financial Statement,</a> produced by the Legal Services Society.</p>
<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 4). 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 19) and file it along with copies of your most recent income tax returns and notices of assessment.</p>
<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">section 84 of the Family Law Act</a>
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.
</p>
</div>
@ -62,7 +62,7 @@
<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">section 95</a> of the Family Law Act for more about unequal division of property and debt.
<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>
</div>
</div>
@ -98,7 +98,7 @@
<div>
<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
<h2>Where to Find Out More About Dealing with Property and Debt</h2>
<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">Family Justice section</a> of the BC Government web site. </li>
<li><ahref="http://www.familylaw.lss.bc.ca/">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">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">Dividing Family Assets</a> in the Family Law section of Dial-A-Law</li>
<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/"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>
to find out what its rule is about marriage certificates in French.</p>
</div>
</div>
@ -173,7 +173,7 @@
{% block sidebarText %}
<h3>Video: Needed for Divorce: Your Marriage Certificate</h3>
<p>An 11½-minute video excerpted from "Helping Clients Prepare Divorce Documents That Don't Bounce," a workshop by lawyer J.P. Boyd at the October 2006 LSS Provincial Training Conference for Legal Advocates.</p>
Insert sample images of Certified Copy of a Marriage Registration and Certified Electronic Extract of a Marriage Registration</a></p>
<p><ahref="http://www2.gov.B.C..ca/gov/content/life-events/marriages/marriage-certificates">Insert sample of B.C. Marriage Certificate</a></p>
<p><ahref="http://www2.gov.B.C..ca/gov/content/life-events/marriages/marriage-certificates"target="_blank">Insert sample of B.C. Marriage Certificate</a></p>
<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>