Separating in BC: A First-Steps Checklist for the First 30 Days

Separation rarely arrives at a convenient moment. Many people in British Columbia are still under the same roof, sharing a bank account and a mortgage, and trying to work out what happens with the children next week, let alone next year.

This checklist is for roughly the first 30 days. It sets out what to do first, what to leave alone for now, and the few legal rules and deadlines that matter early, so you can take the next step with a clear picture of where you stand.

Put safety first

If you or your children are in immediate danger, call 911. VictimLinkBC, at 1-800-563-0808, is a toll-free, confidential, multilingual line offering crisis support to people affected by family violence, 24 hours a day.

The Family Law Act also allows a court to make a protection order, and an at-risk family member, or someone acting on their behalf, can apply for one. If safety is a concern, raise it with a lawyer at the outset, because it affects every other item on this list: where you live, how you communicate and how parenting time works.

Know that you are already separated

Many people search for how to get a "legal separation" in BC. There is no such thing. When two people who have been married, or living together in a marriage-like relationship, decide not to live together any more and act on that decision, they are separated. Nothing has to be filed with a court or registry.

You can even be separated while still living in the same home, if a clear intention to separate permanently has been communicated and acted on. If so, note when and how the decision was made known.

Either way, write down your date of separation. Family property is generally what either of you owns on the date you separate. If you were married, the one year of separation needed for a divorce counts from it. If you were not married, the deadline for property and spousal support claims runs from it.

Take stock of the money and the home

Documents to gather

Before anyone negotiates, you need a clear picture of what there is. Collect copies of:

• Income records. Recent tax returns, notices of assessment and pay stubs for both of you, if you can get them.
• Accounts and investments. Bank, RRSP, TFSA, pension and investment statements, ideally as of the date you separated.
• Debts. Mortgage, lines of credit, credit cards, car loans and any loans from family.
• The home. The mortgage statement, property tax notice and any records of how the purchase was funded.
• Agreements. Any marriage agreement or cohabitation agreement either of you signed.

In BC, family property and family debt are generally shared equally, whatever name is on the account. Creditors, however, will still pursue whoever signed for the debt. If you have joint credit cards, you can cancel your own card on the joint account; for a joint line of credit, speak to your bank about your options. Avoid anything that could look unfair, such as emptying a joint account.

Slow down on decisions about the family home

The family home is family property even if only one of you is on title. Property one spouse owned before the relationship is generally excluded, but any increase in its value during the relationship is family property and is shared.

Moving out does not, on its own, change who owns the home. If you cannot agree on who stays, a court can make an order for exclusive occupancy. It can also make orders to protect property where there is a concern that one spouse might sell or transfer it. These interim orders do not decide the final division.

Before you list the home, refinance it or borrow against it, get advice. If one of you will eventually buy the other out, the change of title is a separate conveyancing step.

Put interim parenting arrangements in writing

Separation does not change guardianship. A parent who was a guardian before separating remains a guardian afterwards unless an agreement or court order says otherwise, and each guardian keeps all parental responsibilities until those are allocated differently.

If you have settled into an informal routine, neither parent can simply change it on their own. A short written interim schedule, even an email you both confirm, gives everyone some predictability.

Child support is the legal right of the child, and parents must support their children whether or not they see or care for them. The amount is set under the federal child support guidelines. The Province's Family Justice Centres offer free help from family justice counsellors on parenting, guardianship and support, and the free online Parenting After Separation course takes about three hours. Our guide to guardianship, parenting time and decision-making goes further.

Watch the two-year deadline, especially if you were not married

If you lived together in a marriage-like relationship for at least two years, you are treated as spouses for property division. But you must apply to divide property within two years of the date you separated. The same two-year limit from separation applies to spousal support claims by unmarried spouses, including those who lived together for less than two years and have a child together.

For married spouses, the two years run from the divorce order instead. Missing the deadline can end a claim, so do not let negotiations drift. Our article on common-law separation and property explains the rule in detail.

When you are ready to settle, a written agreement records the arrangements. Our guide to separation agreements covers what one can settle and when a court can set it aside. Get independent legal advice before you sign anything. If you were married and want to end the marriage formally, see how to get a divorce in BC.

Update your will, beneficiaries and powers of attorney

BC's Wills, Estates and Succession Act treats a gift to a spouse in a will as revoked once the spousal relationship ends, and that rule applies to marriage-like relationships as well as marriages. Do not rely on it. A new will lets you decide who inherits and who acts as executor. Our article on what makes a will valid in BC sets out the signing rules.

Beneficiary designations on RRSPs, TFSAs, pensions and life insurance are made separately from your will, so review each one. If your spouse is named in a power of attorney or representation agreement, decide whether that should change; our article on powers of attorney and representation agreements explains the difference. If a designation is tied to support or property arrangements, get advice before changing it.

Recently separated? Get advice before positions harden

Our family lawyers can explain where you stand on property, support and parenting, help you put interim arrangements in writing, and negotiate or prepare a separation agreement.

Call 604-259-2844 or send us a message to arrange a consultation at our Vancouver office.