<listyle="display: flex"><ahref="{% url 'question_steps' '01_orders' %}">Step 1: What are you asking for?</a><pstyle="margin-left: 90px">{{which_orders}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '02_claimant' %}">Step 2: Your information</a><pstyle="margin-left: 90px">{{your_information}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '03_respondent' %}">Step 3: Your spouse</a><pstyle="margin-left: 90px">{{your_spouse}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '04_marriage' %}">Step 4: Your marriage</a><pstyle="margin-left: 90px">{{your_marriage}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '05_separation' %}">Step 5: Your separation</a><pstyle="margin-left: 90px">{{your_separation}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '01_orders' %}">Step 1: What are you asking for?</a><pstyle="margin-left: 90px">{{which_orders}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '02_claimant' %}">Step 2: Your information</a><pstyle="margin-left: 90px">{{your_information}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '03_respondent' %}">Step 3: Your spouse</a><pstyle="margin-left: 90px">{{your_spouse}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '04_marriage' %}">Step 4: Your marriage</a><pstyle="margin-left: 90px">{{your_marriage}}</p></li>
<listyle="display: flex"><ahref="{% url 'question_steps' '05_separation' %}">Step 5: Your separation</a><pstyle="margin-left: 90px">{{your_separation}}</p></li>
title="<b>Living separate and apart</b><br/><br/><p>You or your spouse have decided to end the marriage. In general one separates by moving out.
However it is possible to be separated but still live under the same roof as long as either you our your spouse,
have clearly communicated your intention for a permanent separation (and are starting to act upon it).</p>
<p>This could mean:</p><ul><li>You're living in separate rooms</li><li>You're sleeping in separate beds</li><li>There's no sexual relationship</li>" aria-hidden="true"></i>?
title="<b>Living separate and apart</b><br/><br/><p>You or your spouse have decided to end the marriage. In general one separates by moving out.
However it is possible to be separated but still live under the same roof as long as either you our your spouse,
have clearly communicated your intention for a permanent separation (and are starting to act upon it).</p>
<p>This could mean:</p><ul><li>You're living in separate rooms</li><li>You're sleeping in separate beds</li><li>There's no sexual relationship</li>" aria-hidden="true"></i>?
<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, and;</li>
<li>year</li>
</ul>
</div>
</div>
</div>
<div>
<h3>Did you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} try and reconcile after you separated <spanid="separation_date_span"></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>
The date you entered indicates you've been separated for less than one year You can use this online tool to start working
on the divorce forms, however you will not be able to file your documents at the registry until
the one year separation period has passed.
</p>
<p>Under the Divorce Act, a divorce may be granted on one of three grounds:</p>
<ul>
<li>intentional separation for more than one year</li>
<li>adultery</li>
<li>physical or mental cruelty</li>
</ul>
<p>
Most divorces are granted on the basis of intentional separation for more than a year.
It's possible to get a divorce more quickly by basing it on the grounds of either adultery or physical or mental cruelty.
However, you must be able to prove the adultery or cruelty. It's best to talk to a lawyer before deciding to seek a divorce
on grounds other than separation.
</p>
</div>
<!-- TODO: Dev note: If reconciliation period is greater than 90 days, display Alert message in column F -->
<!-- TODO: Add multiple date adding fields -->
<div>
<divclass="information-message bg-danger"hidden>
<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>
<!-- TODO: Talk to a lawyer links to help centre page. -->
<p>You may want to talk to a lawyer regarding your legal rights and options. </p>
</div>
</div>
<divclass="question-well">
<h3>Did you and {% if name_spouse %} {{ name_spouse }} {% else %} your spouse {% endif %} try and reconcile after you separated <spanid="separation_date_span"></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>
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 script 115 on “Separation and Separation Agreements”.
</p>
</div>
</div>
</div>
<!-- TODO: Dev note: If reconciliation period is greater than 90 days, display Alert message in column F -->
<!-- TODO: Add multiple date adding fields -->
<div>
<divclass="information-message bg-danger"hidden>
<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>
<!-- TODO: Talk to a lawyer links to help centre page. -->
<p>You may want to talk to a lawyer regarding your legal rights and options. </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 script 115 on “Separation and Separation Agreements”.
</p>
</div>
</div>
</div>
</div>
</div>
</div>
<formaction="{% url 'prequalification' '04' %}">
<inputtype="submit"value="Next"/>
</form>
{% endblock %}
{% endblock %}
{% block sidebarText%}
{% block sidebarText%}
<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>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>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, due to disability" data_target_id="need_support" data_reveal_target="true" %}Yes, due to disability</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, due to illness" data_target_id="need_support" data_reveal_target="true" %}Yes, due to illness</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, other reason" data_target_id="need_support" data_reveal_target="true" %}Yes, other reason(s)</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, due to disability" data_target_id="need_support" data_reveal_target="true" %}Yes, due to disability</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, due to illness" data_target_id="need_support" data_reveal_target="true" %}Yes, due to illness</label></div>
<divclass="checkbox"><label>{% input_field type="checkbox" name="children_financial_support" value="Yes, other reason" data_target_id="need_support" data_reveal_target="true" %}Yes, other reason(s)</label></div>
{% input_field type="radio" name="provide_certificate_later" autocomplete="off" value="NO" data_target_id="reason_not_providing" data_reveal_target="true" data_related_id="provide_later_date" %} No, it is impossible to obtain a marriage certificate (or registration of marriage
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
is satisfied that you had a good reason for not filing this document sooner. If the court registrar is dissatisfied
with your reason for not filing your marriage certificate, you will be unable to file your claim for divorce until the document can be produced.
</p>
</div>
<h3>If you will be providing the marriage certificate or registration of marriage at a later date, please let us know why.</h3>
<p>Ideally the marriage certificate or registration of marriage is provided to the registry
title="<b>Registry</b><br/><br/>A registry is where you file your divorce documents.
Registries are located in courthouses <ahref="http://www.ag.gov.bc.ca/courts/overview/locations/">around the province</a>." aria-hidden="true"></i>
title="<b>registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
agrees with the reasons you provide, and accepts the Notice of Joint Family Claim (form F1),
you will need to provide proof of marriage before your application for a divorce order
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
will review and then decide whether or not they will accept your reason (s). You will be asked for this detail later in this online tool.</p>
</div>
<h3>Please tell us why it is impossible to obtain a marriage certificate or registration of marriage.
The registrar will review and then decide whether or not they will accept your reason (s).</h3>
{% input_field type="radio" name="provide_certificate_later" autocomplete="off" value="NO" data_target_id="reason_not_providing" data_reveal_target="true" data_related_id="provide_later_date" %} No, it is impossible to obtain a marriage certificate (or registration of marriage
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
is satisfied that you had a good reason for not filing this document sooner. If the court registrar is dissatisfied
with your reason for not filing your marriage certificate, you will be unable to file your claim for divorce until the document can be produced.
</p>
</div>
</div>
<h3>If you will be providing the marriage certificate or registration of marriage at a later date, please let us know why.</h3>
<p>Ideally the marriage certificate or registration of marriage is provided to the registry
title="<b>Registry</b><br/><br/>A registry is where you file your divorce documents.
Registries are located in courthouses <ahref="http://www.ag.gov.bc.ca/courts/overview/locations/">around the province</a>." aria-hidden="true"></i>
title="<b>registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
agrees with the reasons you provide, and accepts the Notice of Joint Family Claim (form F1),
you will need to provide proof of marriage before your application for a divorce order
title="<b>Court Registrar</b><br/><br/>An officer of the court who has the power to make
certain decisions (such as whether or not a divorce application without an original marriage certificate will be accepted).</a>." aria-hidden="true"></i>
will review and then decide whether or not they will accept your reason (s). You will be asked for this detail later in this online tool.</p>
</div>
<h3>Please tell us why it is impossible to obtain a marriage certificate or registration of marriage.
The registrar will review and then decide whether or not they will accept your reason (s).</h3>
{% block title %}{{ block.super }}: Prequalification{% endblock %}
{% block title %}{{ block.super }}: Prequalification{% endblock %}
{% block content %}
{% block content %}
<divclass="container-wrapper">
<divclass="container">
<divclass="row">
<divclass="col-md-8 col-md-offset-2">
<h1>Do you qualify for a divorce in BC?</h1>
<h3>What is your reason (grounds) for asking for a divorce?</h3>
<p>
<em>The only way you will be granted a divorce in Canada is if you can prove to the courts that your marriage
has broken down and cannot be repaired.</em>
</p>
<div>
<divclass="radio"><label>{% input_field type="radio" name="divorce_reason" value="live separate" data_target_id="other_reason" data_reveal_target="false" %}You and your spouse have lived separate and apart for one year or more</label></div>
<p><em>Usually the grounds for divorce are that you've been living separately and apart form your spouse for at least one year</em></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>
Most divorces use the one-year separation ground. But you can also apply for a divorce earlier on the basis of adultery or
physical or mental cruelty. If you ask for a divorce for one of these reasons, you have to present evidence to the court to prove
the facts of the adultery or physical or mental cruelty. So generally speaking, asking for a divorce based on the grounds of
having lived separate and apart for more than one year is the least complicated.
</p>
<p>
Canada has no-fault divorce. No-fault, in this context, means that the reasons for marriage breakdown have nothing at all to do
with the court's consideration of issues like custody and support. So even though you may be really upset at your spouse's misbehaviour,
it will have no impact on how the legal issues are addressed.
</p>
</div>
</div>
</div>
<formaction="{% url 'login' %}">
<inputtype="submit"value="Next"/>
</form>
</div>
<h1>Do you qualify for a divorce in BC?</h1>
<h3>What is your reason (grounds) for asking for a divorce?</h3>
<p>
<em>The only way you will be granted a divorce in Canada is if you can prove to the courts that your marriage
has broken down and cannot be repaired.</em>
</p>
<divclass="question-well">
<divclass="radio"><label>{% input_field type="radio" name="divorce_reason" value="live separate" data_target_id="other_reason" data_reveal_target="false" %}You and your spouse have lived separate and apart for one year or more</label></div>
<p><em>Usually the grounds for divorce are that you've been living separately and apart form your spouse for at least one year</em></p>
If you apply for a divorce on the basis of a one-year separation, you can live together for up to 90days (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
<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>If you ask for a divorce due to "other reason" reasons, you have to present evidence to the court to prove the facts of the adultery or physical or mental cruelty.</p>
<p>At this point in time you will need to complete your application for divorce using the
<ahref="http://www.ag.gov.bc.ca/courts/other/supreme/2010SupRules/info/index_family.htm"target="_blank">PDF version of the forms</a>. The forms can be found on the Court Services Branch web site: Supreme Court - Provincial Court.</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 be found on the Legal Services Society web site.</p>
</div>
<p><em>For example:</em></p>
<ul>
<li><em>Your spouse has been physically abusive or mentally cruel to you</em></li>
<li><em>Your spouse has committed adultery</em></li>
Most divorces use the one-year separation ground. But you can also apply for a divorce earlier on the basis of adultery or physical or mental cruelty. If you ask for a divorce for one of these reasons, you have to present evidence to the court to prove
the facts of the adultery or physical or mental cruelty. So generally speaking, asking for a divorce based on the grounds of having lived separate and apart for more than one year is the least complicated.
</p>
<p>
Canada has no-fault divorce. No-fault, in this context, means that the reasons for marriage breakdown have nothing at all to do with the court's consideration of issues like custody and support. So even though you may be really upset at your spouse's
misbehaviour, it will have no impact on how the legal issues are addressed.
</p>
</div>
</div>
</div>
<formaction="{% url 'login' %}">
<inputtype="submit"value="Next"/>
</form>
{% endblock %}
{% endblock %}
{% block sidebarText %}
{% block sidebarText %}
<h3>Grounds for Divorce</h3>
<p>Canada has no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:</p>
<p>You have been living apart for one year or more. Your spouse has been physically or mentally cruel to you.</p>
<p>Your spouse has committed adultery. 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>
<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>
<div>
<p>You can also get a divorce if:</p>
<ul>
<li>you or your spouse has committed adultery (been unfaithful) that hasn't been forgiven, or</li>
<li>your spouse treated you with physical or mental cruelty that you haven't forgiven, which makes it impossible for you to continue to live together.</li>
</ul>
<p>To get a divorce for these reasons you have to prove these things in court.</p>
<p>The majority of divorces are uncontested or undefended divorces (about 80 percent). That means that the
divorcing couple have settled on how they're going to settle their parenting, support, and property
issues. But they still need a court order for the divorce.</p>
</div>
<h3>Grounds for Divorce</h3>
<p>Canada has no-fault divorce. The only ground for a divorce in the Divorce Act is marriage breakdown. The Divorce Act says you can show your marriage has broken down if any ONE of the following criteria applies to you:</p>
<p>You have been living apart for one year or more. Your spouse has been physically or mentally cruel to you.</p>
<p>Your spouse has committed adultery. 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>
<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>
<div>
<p>You can also get a divorce if:</p>
<ul>
<li>you or your spouse has committed adultery (been unfaithful) that hasn't been forgiven, or</li>
<li>your spouse treated you with physical or mental cruelty that you haven't forgiven, which makes it impossible for you to continue to live together.</li>
</ul>
<p>To get a divorce for these reasons you have to prove these things in court.</p>
<p>The majority of divorces are uncontested or undefended divorces (about 80 percent). That means that the divorcing couple have settled on how they're going to settle their parenting, support, and property issues. But they still need a court order for
title="<b>Master Definition</b><br/><br/>A judicial officer of the Supreme Court who can hear and decide certain applications, including interim applications for parenting or support orders." aria-hidden="true"></i>
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." aria-hidden="true"></i>?</h3>
<p><em>With an undefended divorce (aka desk order), 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 parenting support and property division).</em></p>
<p><em>Please select what you are asking for. Later on you will be asked to provide details for each request.</em></p>
<divclass="checkbox-group">
<div>
<divclass="checkbox">
<label>
{% input_field type="checkbox" name="want_which_orders" value="A legal end to the marriage" %}<b>A legal end to the marriage</b>
</label>
</div>
<p>
Divorce is the end of a legal marriage. To get a divorce, you must go through a legal process and get a court order that says the marriage has ended.
Are you in a common law relationship (legally know 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.
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>
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 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>
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</a> fact sheets on the Legal Services Society web site.
title="<b>Separation agreement</b><br/><br/><p>A document that sets out how you and your spouse have agreed to deal with thing matters
like parenting support and property after you separate (Provincial family law calls it an agreement).
There's no official form to use for drafting up a separation agreement.</p>" 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"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>
</div>
</div>
<div><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><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"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>If you were <b>married</b>, you must apply to divide property within two years after you get an order for divorce.</p>
<p>If you were living in a <b>marriage-like relationship</b> for at least two years, you must apply within two years of the date you separated.</p>
<divstyle="border:solid">
<h2>(Dev note: Display this alert message if the user has indicated that they have lived in a marriage like relationship)</h2>
<p>In order to be considered a spouse for the purpose of dividing property or debt you must have lived together in a marriage-like relationship for at least two years.</p>
</div>
<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"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>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>
<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>
title="<b>Master Definition</b><br/><br/>A judicial officer of the Supreme Court who can hear and decide certain applications, including interim applications for parenting or support orders." aria-hidden="true"></i>
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." aria-hidden="true"></i>?</h3>
<p><em>With an undefended divorce (aka desk order), 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 parenting support and property division).</em></p>
<p><em>Please select what you are asking for. Later on you will be asked to provide details for each request.</em></p>
<divclass="checkbox-group">
<div>
<divclass="checkbox">
<label>
{% input_field type="checkbox" name="want_which_orders" value="A legal end to the marriage" %}<b>A legal end to the marriage</b>
</label>
</div>
<p>
Divorce is the end of a legal marriage. To get a divorce, you must go through a legal process and get a court order that says the marriage has ended.
Are you in a common law relationship (legally know 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.
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>
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 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>
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</a> fact sheets on the Legal Services Society web site.
title="<b>Separation agreement</b><br/><br/><p>A document that sets out how you and your spouse have agreed to deal with thing matters
like parenting support and property after you separate (Provincial family law calls it an agreement).
There's no official form to use for drafting up a separation agreement.</p>" 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"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>
</div>
</div>
<div><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><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"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>If you were <b>married</b>, you must apply to divide property within two years after you get an order for divorce.</p>
<p>If you were living in a <b>marriage-like relationship</b> for at least two years, you must apply within two years of the date you separated.</p>
<divstyle="border:solid">
<h2>(Dev note: Display this alert message if the user has indicated that they have lived in a marriage like relationship)</h2>
<p>In order to be considered a spouse for the purpose of dividing property or debt you must have lived together in a marriage-like relationship for at least two years.</p>
</div>
</div>
<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"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>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>
<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>For the Notice of Family Claim (Form 1) you need to enter your name as it appears on the marriage certificate. </p>
<p>When you got married, your name didn't automatically change. You're allowed to use your spouse's surname, but a formal name change wasn't necessary.</p>
</div>
</div>
</div>
<div>
<h3>Do you go by any other names?</h3>
<divclass="btn-radio-group"data-toggle="buttons">
<labelclass="btn btn-radio">
<h1><small>Step 2:</small>Your Information</h1>
<divclass="question-well">
<h3>Please enter your name as it appears on the marriage certificate</h3> {% input_field type="text" name="name_you" class="form-block input-wide response-textbox" %}
Have you changed your legal name since getting married?
</div>
</div>
<divclass="collapse"id="collapse_changed_name">
<div>
<p>If either of you has had a legal name change since you were married, put that new name on your form, and bring along a copy of the change of name certificate when you file your documents.</p>
<p>For the Notice of Family Claim (Form 1) you need to enter your name as it appears on the marriage certificate. </p>
<p>When you got married, your name didn't automatically change. You're allowed to use your spouse's surname, but a formal name change wasn't necessary.</p>
Why do I need to provide other names that I go by? How will you be using this information?
</div>
</div>
<divclass="collapse"id="collapse_other_name">
<div>
<p>The name(s) that you provide will appear on the final court order(s)
<iclass="fa fa-question-circle"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Court Orders Definition</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
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" aria-hidden="true"></i>
. Any names you provide will be used on
the final court order for the purposes of executing or following up on the orders. For example,
if you and your spouse will be dividing property, land titles will likely want to see the name in
the court order match what is on the title. This wold also apply to pensions, RRSPs, etc.
The order for divorce is also used to create linkages between names.</p>
<p>You may want to take a look at the names that you have used on any legal and business agreements/contracts
to ensure you are providing the courts with all variations of your name.</p>
</div>
</div>
<divid="enter_name"hidden>
<h3>Please enter the name</h3>
<!-- This is used for adding a new other name field when add button is clicked -->
<divid="other_names_group"hidden>
{% include "partials/alias_field.html" with name="other_name_you" value=' ' delete_button="true" %}
</div>
<divid="other_names_fields">
{% if other_name_you %}
{% multiple_values_to_list source=other_name_you as values %}
{% for alias_type, value in values %}
{% include "partials/alias_field.html" with name="other_name_you" alias_type=alias_type value=value delete_button="true" %}
{% endfor %}
{% else %}
{% include "partials/alias_field.html" with name="other_name_you" %}
<p>This is often referred to as Family name or Surname</p>
</div>
</div>
your spouse must pay you $250 on a monthly basis to help pay off your combined debt" aria-hidden="true"></i> . Any names you provide will be used on the final court order for the purposes of executing
or following up on the orders. For example, if you and your spouse will be dividing property, land titles will likely want to see the name in the court order match what is on the title. This wold also apply to pensions, RRSPs, etc. The
order for divorce is also used to create linkages between names.</p>
<p>You may want to take a look at the names that you have used on any legal and business agreements/contracts to ensure you are providing the courts with all variations of your name.</p>
</div>
</div>
</div>
</div>
<divid="enter_name"hidden>
<h3>Please enter the name</h3>
<!-- This is used for adding a new other name field when add button is clicked -->
<divid="other_names_group"hidden>
{% include "partials/alias_field.html" with name="other_name_you" value=' ' delete_button="true" %}
</div>
<divid="other_names_fields">
{% if other_name_you %}
{% multiple_values_to_list source=other_name_you as values %}
{% for alias_type, value in values %} {% include "partials/alias_field.html" with name="other_name_you" alias_type=alias_type value=value delete_button="true" %} {% endfor %}
{% else %}
{% include "partials/alias_field.html" with name="other_name_you" %}
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other radio_with_textbox" name="lived_in_bc_you" value="Moved to British Columbia on" %}Moved to British Columbia on <spanclass="date-picker-group">{% input_field type="text" name="moved_to_bc_date_you" id="moved_date" class="date-picker other-textbox input-inline" tabindex="-1" placeholder="DD/MM/YYYY" %} <iclass="fa fa-calendar circle"aria-hidden="true"></i></span></label></div>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other" name="lived_in_bc_you" value="Do not live in British Columbia" %}Do not live in British Columbia</label></div>
<p>In order to apply for a divorce in British Columbia, you or your spouse must have been a regular resident in B.C (the legal term is ordinarily resident
title="<b>Ordinarily resident</b><br/><br/>Unfortunately there is no clear cut definition for the term "ordinarily resident."<br/><br/>
<divclass="question-well">
<h3>What was your last name before you were married?</h3> {% input_field type="text" name="last_name_before_married_you" class="form-block input-wide response-textbox" %}
<p>This is often referred to as Family name or Surname</p>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other radio_with_textbox" name="lived_in_bc_you" value="Moved to British Columbia on" %}Moved to British Columbia on <spanclass="date-picker-group">{% input_field type="text" name="moved_to_bc_date_you" id="moved_date" class="date-picker other-textbox input-inline" tabindex="-1" placeholder="DD/MM/YYYY" %} <iclass="fa fa-calendar circle"aria-hidden="true"></i></span></label></div>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other" name="lived_in_bc_you" value="Do not live in British Columbia" %}Do not live in British Columbia</label></div>
<p>In order to apply for a divorce in British Columbia, you or your spouse must have been a regular resident in B.C (the legal term is ordinarily resident
<iclass="fa fa-question-circle"data-toggle="tooltip"data-placement="right"data-html="true"title="<b>Ordinarily resident</b><br/><br/>Unfortunately there is no clear cut definition for the term "ordinarily resident."<br/><br/>
"ordinary residence" is not a phrase capable of precise definition. At its simplest level, ordinary residence connotes
"ordinary residence" is not a phrase capable of precise definition. At its simplest level, ordinary residence connotes
something more than mere temporary presence in a place. It refers to the place in which a person's lifestyle is centered
something more than mere temporary presence in a place. It refers to the place in which a person's lifestyle is centered
and to which the person regularly returns if his or her presence is not continuous.<br/><br/>
and to which the person regularly returns if his or her presence is not continuous.<br/><br/>
Ordinarily Resident<ul><li>the place where a person resides in the ordinary course of his or her day to day</li>
Ordinarily Resident<ul><li>the place where a person resides in the ordinary course of his or her day to day</li>
<li>you do not lose your ordinary resident in a place when you leave for a temporary purpose (e.g. go to school in
<li>you do not lose your ordinary resident in a place when you leave for a temporary purpose (e.g. go to school in
another province)</li></ul><br/>Not an Ordinarily Resident<ul><li>If you have travelled to another place to live and work indefinitely
another province)</li></ul><br/>Not an Ordinarily Resident<ul><li>If you have travelled to another place to live and work indefinitely
(even thought you ultimately intends to return to the prior home)</li></ul>" aria-hidden="true"></i>
) for at least one year immediately before starting the proceeding.
(even thought you ultimately intends to return to the prior home)</li></ul>" aria-hidden="true"></i> ) for at least one year immediately before starting the proceeding.
<p>If you cannot remember the exact date you moved to B.C, select:</p>
<ul>
<li>the month you moved to B.C.</li>
<li>the last day of that month</li>
<li>year</li>
</ul>
</div>
</div>
</div>
</div>
</div>
</div>
{% endblock %}
{% block sidebarText %}
<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>
<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>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other radio_with_textbox" name="lived_in_bc_spouse" value="Moved to British Columbia on" %}Moved to British Columbia on <spanclass="date-picker-group">{% input_field type="text" name="moved_to_bc_date_spouse" id="moved_date" class="date-picker other-textbox input-inline" tabindex="-1" placeholder="DD/MM/YYYY" %} <iclass="fa fa-calendar circle"aria-hidden="true"></i></span></label></div>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other" name="lived_in_bc_spouse" value="Do not live in British Columbia" %}Do not live in British Columbia</label></div>
<p>In order to apply for a divorce in British Columbia, you or your spouse must have been a regular resident in B.C (the legal term is ordinarily resident
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other radio_with_textbox" name="lived_in_bc_spouse" value="Moved to British Columbia on" %}Moved to British Columbia on <spanclass="date-picker-group">{% input_field type="text" name="moved_to_bc_date_spouse" id="moved_date" class="date-picker other-textbox input-inline" tabindex="-1" placeholder="DD/MM/YYYY" %} <iclass="fa fa-calendar circle"aria-hidden="true"></i></span></label></div>
<divclass="radio"><label>{% input_field type="radio" class="radio-with-other" name="lived_in_bc_spouse" value="Do not live in British Columbia" %}Do not live in British Columbia</label></div>
<p>In order to apply for a divorce in British Columbia, you or your spouse must have been a regular resident in B.C (the legal term is ordinarily resident
<p><em>Please confirm that there’s been no collusion in this claim for divorce. The court can refuse to
grant a divorce if you and your spouse have not been honest (collusion) about your marriage and
separation details.</em></p>
</div>
<div>
<p>
We’re legally required to ask that you confirm that you and {% if responses.name_spouse %} {{ responses.name_spouse }} {% else %} your spouse {% endif %}
haven’t lied or tried to deceive the court in any way. This is called “collusion
title="<b>Collusion</b><br/><br/>Basically this statement confirms that you and your spouse haven’t lied or tried to deceive the court in any way
(for example, saying that you’ve been separated for longer than you have been). It is a legal requirement that you confirm you are providing accurate
and complete information. Apologies if you are offended with this question." aria-hidden="true"></i>
”. An example of collusion is both
of you saying that you’ve been separated for longer than you actually have been.
</p>
<divclass="checkbox-group">
<divclass="checkbox">
<label>
{% input_field type="checkbox" name="no_collusion" value="No collusion" %} My spouse and I have not engaged in collusion to deceive the court in any way.
We’re legally required to ask that you confirm that you and {% if responses.name_spouse %} {{ responses.name_spouse }} {% else %} your spouse {% endif %}
haven’t lied or tried to deceive the court in any way. This is called “collusion
title="<b>Collusion</b><br/><br/>Basically this statement confirms that you and your spouse haven’t lied or tried to deceive the court in any way
(for example, saying that you’ve been separated for longer than you have been). It is a legal requirement that you confirm you are providing accurate
and complete information. Apologies if you are offended with this question." aria-hidden="true"></i>
”. An example of collusion is both
of you saying that you’ve been separated for longer than you actually have been.
</p>
<divclass="checkbox-group">
<divclass="checkbox">
<label>
{% input_field type="checkbox" name="no_collusion" value="No collusion" %} My spouse and I have not engaged in collusion to deceive the court in any way.
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." aria-hidden="true"></i>.</p>
<p>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>For more information, please see the <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php">fact sheet Spousal Support</a> by the Legal Services Society.</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>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>
</ul>
<p>
<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"target="_blank">Spousal Support</a> by the Legal Services Society.
"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 applying for an undefended divorce and asking for spousal support, make sure you fill in:</p>
<ul>
<li>the amount of support you want, and</li>
<li>an amount for your spouse's income. If you aren't sure, make your best estimate.</li>
</ul>
<p>If you don't provide this information, the court may not make an order.</p>
<p>
If you're married, you must claim spousal support within two years of the divorce judgment. If you were not married,
but lived in a marriage-like relationship for two years or more, you must apply within two years of your separation.
</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"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"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>
</div>
</div>
<h1><small>Step 6:</small>Spousal Support</h1>
<divclass="intro">
<p>Spousal support is paid by one spouse to financially support the other spouse after separation, under <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." >an agreement or order
<p>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>For more information, please see the <ahref="http://www.familylaw.lss.bc.ca/resources/fact_sheets/spousal_support.php">fact sheet Spousal Support</a> by the Legal Services Society.</p>
</div>
<divclass="question-well">
<h3>You and your spouse 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
<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>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>
</ul>
<p>
<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"target="_blank">Spousal Support</a> by the Legal Services Society.
"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 applying for an undefended divorce and asking for spousal support, make sure you fill in:</p>
<ul>
<li>the amount of support you want, and</li>
<li>an amount for your spouse's income. If you aren't sure, make your best estimate.</li>
</ul>
<p>If you don't provide this information, the court may not make an order.</p>
<p>
If you're married, you must claim spousal support within two years of the divorce judgment. If you were not married,
but lived in a marriage-like relationship for two years or more, you must apply within two years of your separation.
</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"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"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>
</div>
</div>
</div>
</div>
<divclass="container-wrapper">
<divclass="container">
<divclass="row">
<divclass="col-md-8 col-md-offset-2">
<div>
<h3>Please indicate which act you are asking for support under.</h3>
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>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 Legal Services Society web site.
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>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 Legal Services Society web site.
title="<b>Family debt</b><br/><br/>A written document that sets out how you and your spouse have agreed
to deal with parenting, support, and/or property." aria-hidden="true"></i>
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>
<ul>
<li>the family home</li>
<li>RRSPs</li>
<li>investments</li>
<li>bank accounts</li>
<li>insurance policies</li>
<li>pensions</li>
<li>an interest in a business</li>
</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.
</p>
</div>
<div>
<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" %}<b>Equal division</b> 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" %}<b>Unequal division</b> of family property and family debt</label></div>
<p><em>Note: the court will only order an unequal division when an equal division is significantly unfair.</em></p>
<h1><small>Step 7:</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 assest acquired by either spouse during the course of the relationship,
plus any increase in the value of excluded property. 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 owned 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>Family debt</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 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>
</div>
</div>
<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>
<li>investments</li>
<li>bank accounts</li>
<li>insurance policies</li>
<li>pensions</li>
<li>an interest in a business</li>
</ul>
<p>It doesn't matter whose name the property is in.</p>
<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>
<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.
</p>
</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>
</div>
{% endif %}
</div>
<divid="property_debt_division_method"hidden>
<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
<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" %}<b>Equal division</b> 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" %}<b>Unequal division</b> of family property and family debt</label></div>
<p><em>Note: the court will only order an unequal division when an equal division is significantly unfair.</em></p>
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>
<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
<ahref="http://www.familylaw.lss.bc.ca/guides/separation/property.php"target="_blank">dividing property</a> and
<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>
</div>
</div>
</div>
</div>
</div>
<divclass="container-wrapper">
<divclass="container">
<divclass="row">
<divclass="col-md-8 col-md-offset-2">
<div>
<h3>Other Property Claims</h3>
<p>This section is about excluded property - e.g. property owned by the respondent at the time you moved in together, and gifts or inheritances the respondent received. Compensation is cash instead of ownership of your share of the property.</p>
<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>
</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>
</div>
{% endif %}
</div>
</div>
{% endblock %}
{% block sidebarText %}
<div>
<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"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>
<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.
Where to find out more about dealing with Property and Debt
</div>
</div>
</div>
<div>
<h2>Excluded property includes:</h2>
<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 family property.</li>
</ul>
<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>
<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
<ahref="http://www.familylaw.lss.bc.ca/guides/separation/property.php"target="_blank">dividing property</a> and
<p>This section is about excluded property - e.g. property owned by the respondent at the time you moved in together, and gifts or inheritances the respondent received. Compensation is cash instead of ownership of your share of the property.</p>
<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"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>
</ul>
<h2>Excluded property includes:</h2>
<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