Family Law guides
Legal guides from Equity Law Group on Family Law in British Columbia. For help with your own matter, see our Family Law service or contact us.
Imputing Income: When a Parent Quits, Works Less or Earns Cash
October 19, 2026
Child support in BC is based on income, but not always on the income a parent reports. A court can impute income to a parent who is intentionally under-employed, hides cash or will not disclose. Here is how imputation works and what evidence counts.
Step-Parents in BC: Child Support and Contact After Separation
October 19, 2026
A step-parent in BC can owe child support after separation, but only if they contributed to the child's support for at least a year and the claim starts in time. Here is how the rules work, how married couples differ, and how a step-parent can keep contact.
International Child Abduction and the Hague Convention: What BC Parents Should Know
October 19, 2026
When a child is taken out of Canada or kept abroad without a parent's consent, the Hague Convention can require the child's prompt return. Here is how it works in BC, why timing matters, and what you can do now to prevent or respond to it.
Parallel Parenting in High-Conflict Separations in BC
October 19, 2026
When separated parents cannot cooperate, a parallel parenting arrangement lets each parent care for the children with as little contact as possible. Here is how BC's Family Law Act supports it and what a workable order or agreement should cover.
Separated Parents Who Disagree on School, Health Care or Religion
October 19, 2026
When separated guardians in BC cannot agree on a child's school, medical treatment or religious upbringing, the Family Law Act offers several routes: dividing responsibilities, building in a tie-breaker, or asking a court for directions on a single issue.
Supervised Parenting Time in BC: When Courts Order It and How It Works
October 19, 2026
BC's Family Law Act lets a court order that parenting time, contact or exchanges of a child be supervised by a named person when that is in the child's best interests. Here is how courts decide, what the order usually covers and how supervision can change.
Section 211 Reports and Views of the Child Reports: What Parents Should Expect
October 15, 2026
In a contested BC parenting case, a judge can order a section 211 report on a child's needs, the child's views, or each parent's ability to meet those needs. Here is who prepares these reports, how they are ordered and used, and how fees are handled.
Never Married, Never Lived Together: Parenting and Child Support Rights in BC
October 15, 2026
When parents in BC were never married and never lived together, the Family Law Act treats guardianship differently: a parent who has never lived with the child is not automatically a guardian. Child support is another matter. Here is how both work.
Religious Divorce and Mahr in a BC Separation
October 15, 2026
A BC court can grant a civil divorce, but it cannot grant a religious one. This guide explains the Divorce Act tool for barriers to religious remarriage, and how a mahr or other religious marriage contract may be treated in a BC separation.
Separating Later in Life: Pensions, Housing and Estate Plans in a Grey Divorce
October 15, 2026
Separating at or near retirement in BC brings pensions, the family home, spousal support and estate plans together at once. Here is how the Family Law Act and related BC statutes treat each, and why it helps to plan them together.
Who Gets the Dog? Pets in a BC Separation Under the 2024 Rules
October 15, 2026
Since January 15, 2024, BC's Family Law Act deals with pets as companion animals, with specific factors a court must weigh. A court can give a pet to one spouse only; shared ownership or pet time has to be agreed. Here is how the rules work.
If Your Spouse Dies Before the Divorce Is Final: Estate and Family Claims in BC
October 15, 2026
When a spouse dies during a separation, two sets of rules meet: the Wills, Estates and Succession Act and the Family Law Act. Separation, not divorce, is usually the turning point. Here is how BC law treats a separated spouse, the will, support and property claims.
Leaving an Abusive Relationship in BC: Legal Steps to Protect You and Your Children
October 15, 2026
Leaving an abusive partner in BC involves more than one legal step. This guide sets out a practical order: immediate safety, protection orders, arrangements for the children, the home or lease, money, and the documents worth keeping safe.
Can You Sue an Ex for Abuse? The New Tort of Intimate Partner Violence
October 15, 2026
In 2026 the Supreme Court of Canada recognized a new tort of intimate partner violence, centred on coercive control. Here is what the decision covers, the three elements a claimant must show, the limitation rules to watch, and what to weigh before adding a damages claim to a family case.
Updating a Prenup or Cohabitation Agreement After Marriage, Kids or a Move
October 15, 2026
A marriage or cohabitation agreement signed years ago may not fit your life now. Here is how BC couples amend or replace an agreement after marriage, children, a home purchase or a move, and why the Family Law Act makes doing it properly matter.
Added Your Spouse to Title? How Transfers Between Spouses Are Treated After Bill 17
October 14, 2026
Putting your spouse on title to a home you owned before the relationship, or bought with an inheritance, no longer automatically turns it into shared property in BC. Here is what the 2023 Family Law Act changes say and how they apply on separation.
Spousal Support When You Retire: Can Payments End or Change?
October 14, 2026
Retirement does not automatically end spousal support in BC, but it can be grounds to change or end it. Here is how the Family Law Act and Divorce Act treat retirement, the special pension review rule, and the 'double dipping' problem.
Separated Under the Same Roof: How It Works in BC
October 14, 2026
With Metro Vancouver housing costs, many couples separate but keep living in the same home for a while. BC law allows it, but the date you separated still matters for property, support and divorce. Here is how to make that date clear.
Enforcing a Separation Agreement When Your Ex Does Not Follow It
October 14, 2026
A signed separation agreement is only useful if you can enforce it. In BC, the route depends on the term being broken: support and parenting terms can be filed in court and enforced like an order, while property terms usually need a Supreme Court application.
Ex Not Paying Support? How the BC Family Maintenance Agency Enforces Payments
October 14, 2026
If your ex has stopped paying child or spousal support, enrolling your order or filed agreement with the BC Family Maintenance Agency puts the Province's enforcement tools to work. Here is who can enrol, what the agency can do, and when you still need court.
Served With a Without-Notice Protection Order in BC: What Now?
October 14, 2026
A BC protection order can be made without you in the room, and it binds you as soon as you know about it. Here is what the order can require, why breaching it is a criminal matter, and how to apply to set it aside or change it under the Family Law Act.
Family Protection Orders in BC: How They Work and How to Apply
October 14, 2026
A family law protection order is a court order that restricts a family member who poses a risk of family violence. Here is who can apply in BC, what the order can include, how a judge decides, how long it lasts and how police enforce it.
Urgent Family Court Orders in BC: When You Cannot Wait
October 14, 2026
When a child may be taken out of the province or someone's safety is at risk, BC's family courts have fast tracks: short-notice and without-notice applications, priority parenting matters and protection orders. Here is how each works and what the court expects of you.
Provincial Court or Supreme Court? Choosing the Right Court for a BC Family Case
October 14, 2026
BC has two trial courts for family matters, and they do not have the same powers. Provincial Court cannot grant a divorce or divide property, while Supreme Court can decide every family issue. Here is how to choose, and what each court requires before you apply.
Family Mediation in BC: How It Works and When It Does Not
October 14, 2026
Mediation lets separating couples settle parenting, support and property without a judge deciding for them. Here is how it works in BC, when it is not a good fit, and why getting legal advice alongside a mediator helps the agreement hold up.
Stopping a Spouse From Selling or Mortgaging Property During Separation
October 14, 2026
If your spouse holds title alone, a buyer or lender relies on the title register, not on your family law rights. BC law offers a homestead entry, a certificate of pending litigation and court orders to protect property while you separate. Each has its own requirements.
Selling the Family Home During Separation: Listing, Offers and Holding Proceeds
October 14, 2026
When separating spouses in BC agree to sell the family home, the hard part is the process: who signs the listing and offers, how decisions are made, and how the sale proceeds are held in trust until the property division is settled.
Who Pays the Mortgage, Taxes and Strata Fees After Separation?
October 14, 2026
After separation, the lender, the strata and the city still expect to be paid. This article explains how BC's Family Law Act treats home costs paid after separation, when a credit or occupation rent may be raised, and what to record now.
Dividing Pensions in BC: How Pension Division Works on Separation
October 14, 2026
A workplace pension is often one of the largest assets a separating couple owns. Here is how BC's Family Law Act divides it, what your options are before and after the pension starts, and the traps that can cost you later.
Family Debt in BC: Who Pays the Credit Cards, Loans and Mortgage After Separation?
October 14, 2026
Under BC's Family Law Act, spouses generally share responsibility for family debt, but your lender may still look to you for the full amount. Learn what counts as family debt, how it is valued and divided, and when a court may divide it unequally.
Interim Spousal and Child Support: Getting Help While the Case Is Ongoing
October 14, 2026
A family case can take many months to resolve, but bills arrive every week. Interim support orders fill that gap. This article explains when a BC court can order temporary child or spousal support, how the amount is set, and what you need to bring.
Does Spousal Support End When You Remarry or Move In With Someone New?
October 12, 2026
In BC, spousal support does not end automatically when the recipient remarries or moves in with a new partner. What happens next depends on your order or agreement, which law applies, and how the new relationship changes each person's circumstances.
Child Support When a Parent Is Self-Employed or Owns a Company
October 12, 2026
When a parent is self-employed or owns a company, the income used for BC child support is often not the number on the tax return. Here is how the Child Support Guidelines treat business expenses, family salaries, dividends and money kept in a corporation.
Section 7 Expenses: Who Pays for Daycare, Sports, Braces and Tutoring?
October 12, 2026
Section 7 of the Child Support Guidelines lets parents share special or extraordinary expenses in addition to table child support. Learn which costs qualify in BC, how necessity and reasonableness are assessed, and how the cost is split.
Grandparents' Rights in BC: Getting Contact With Your Grandchildren
October 12, 2026
BC grandparents do not have automatic rights to see their grandchildren, but the Family Law Act lets them make a contact agreement or ask the court for a contact order, and in some cases apply for guardianship. Here is how each option works.
When a Child Refuses to Go to the Other Parent's Home
October 12, 2026
When a child refuses to go to the other parent's home, both parents face hard choices under BC's Family Law Act. Here is how courts look at a child's views, when a missed visit is wrongful, and the tools available when refusal becomes a pattern.
Parenting Plans in BC: What to Include for Holidays, School and Travel
October 12, 2026
A workable parenting plan covers more than a weekly schedule. Learn what BC's Family Law Act says about parenting agreements, and what to include for decision-making, holidays, school, travel and resolving disputes later.
Spousal Support After a Common-Law Relationship in BC
October 12, 2026
Unmarried partners in BC can claim or owe spousal support, but only if they qualify as spouses and act within two years of separating. Here is how the two-year and child rules work, how entitlement is decided, and what affects amount and duration.
Married Abroad, Living in BC: Getting a Divorce Here
October 12, 2026
If you married in another country and now live in BC, you can usually divorce here once the residence and separation rules are met. This guide covers proof of a foreign marriage, translations, a spouse who lives overseas, and when a divorce granted abroad is recognized in Canada.
What If Your Spouse Is Hiding Assets or Income in a BC Separation?
October 12, 2026
If you think your spouse is hiding money, undervaluing a business or understating income after separation, BC law gives you ways to get the records and gives the court ways to respond. Here is what to look for, what to keep, and which tools apply.
Financial Disclosure in a BC Separation: What You Must Share and When
October 12, 2026
BC family law requires separating spouses to share full and true financial information, and the court rules set out which documents and deadlines apply. Here is what goes into a Form F8 or Form 4 financial statement, when it is due and what happens if someone holds back.
Preparing for Your First Meeting with a BC Family Lawyer
October 12, 2026
What happens at a first meeting with a BC family lawyer, what the lawyer must discuss with you under the Family Law Act and Divorce Act, the documents to bring, and the questions and deadlines worth raising before you leave.
What Is My Date of Separation in BC, and Why Does It Matter?
October 12, 2026
There is no form that fixes your date of separation in BC, yet that date decides which property is shared, which debts count, and when some deadlines start. Here is how the Family Law Act and the Divorce Act treat it, including separation under one roof.
Child Support Arrears in BC: Reducing, Cancelling or Collecting Back Payments
October 12, 2026
Unpaid child support does not disappear on its own. Whether you owe arrears or are owed them, here is how BC law deals with back payments: when a court can reduce or cancel them, and how the Family Maintenance Enforcement Program collects them.
Exclusive Occupancy in BC: Can My Spouse Be Made to Move Out?
October 12, 2026
If you are separated but still under one roof, BC law offers two court routes to have one spouse leave: an exclusive occupation order under section 90 of the Family Law Act, or a protection order where family violence is likely. Here is how each works.
Retroactive Child Support in BC: Claiming or Facing Back Support
October 12, 2026
BC courts can order child support for past periods, or change an old order back in time, when income was not disclosed or support was never paid. Here is what the Family Law Act allows and how the Supreme Court of Canada's tests on delay, notice and conduct apply.
When Does Dating Become 'Marriage-Like'? How BC Courts Decide Common-Law Status
October 12, 2026
In BC, an unmarried partner can become a spouse with property and support rights, but only if the relationship was marriage-like. There is no checklist. Here is what the Family Law Act says, how courts approach the question, and why the same couple can be spouses under one law and not another.
Coercive Control and Family Violence: How BC Family Courts Treat Non-Physical Abuse
October 12, 2026
Family violence under BC law is not limited to physical harm. Here is how the Family Law Act and the Divorce Act treat coercive control, financial abuse and threats, and how those findings shape parenting arrangements and protection orders.
Provincial Court Early Resolution: The Steps Before You Can File for Family Orders
October 9, 2026
In many BC Provincial Court registries, you cannot simply file for parenting or support orders. Early resolution rules require a needs assessment, a parenting course and a dispute resolution session first. Here is where the rules apply, what each step involves and when an exception lets you go straight to court.
The 2025 Child Support Table Update: Does Your Existing Order Change?
October 9, 2026
New Federal Child Support Tables took effect on October 1, 2025 and apply in BC. They do not rewrite existing orders or agreements, but a different table amount can be a reason to update support by agreement, through recalculation or in court.
After Separation: Update Your Will, Beneficiaries and Power of Attorney
October 9, 2026
In BC, separation cancels gifts to a former spouse in your will and ends their authority under a power of attorney, but it does not change RRSP, pension or insurance designations. Here is what changes automatically and what you need to update yourself.
Changing a Parenting Order in BC When Circumstances Change
October 9, 2026
Children grow, schedules change and parents move, but a parenting order stays in force until it is changed. In BC, a court can change a final parenting order only after a material change affecting the child since it was made. Here is how the test works and what evidence matters.
Varying or Ending Spousal Support in BC
October 9, 2026
Spousal support in BC can be changed, suspended or ended, but the test depends on whether you have a court order or an agreement and which law it falls under. Here is how variation, reviews and set-aside applications work, and what to do first.
Served With Family Court Papers in BC: Deadlines and First Steps
October 9, 2026
Been served with family court papers in BC? Your deadline depends on which court they came from. In most cases you have 30 days, and in many Provincial Court registries you must complete early resolution steps before you can reply. Here is how to tell what you have and what to do first.
Cohabitation Agreements in BC: Protecting Yourself Before Moving In
October 9, 2026
Moving in with a partner in BC can bring you under the Family Law Act's property rules after two years, and sometimes support duties sooner. A cohabitation agreement lets you set your own terms first. Here is what it can cover, what it cannot, and what helps it hold up.
My Ex Won't Sell the House: Court-Ordered Sale in a BC Separation
October 9, 2026
When one spouse wants the family home sold and the other refuses, BC law gives the Supreme Court several ways to order a sale. Here is how those tools work, what a judge needs to see, and what to sort out before you apply.
Changing a Child Support Order After a Job Loss or Income Change
October 8, 2026
A job loss, a pay cut or a raise can change what child support should be, but the order does not change on its own. Here is how child support is varied in BC, what evidence matters, and when a court can look at income you are not earning.
Family Law Deadlines in BC: The Two-Year Limit on Property and Spousal Support Claims
October 8, 2026
Most family law claims in BC can be started at any time, but property division, pension division and spousal support claims under the Family Law Act must be started within two years. When that clock starts depends on whether you were married, and some steps pause it.
Spouse Drained the Joint Account or Line of Credit After Separation: What Now?
October 8, 2026
Finding a joint account emptied or a shared line of credit maxed out after separation is alarming, but it does not end your claim. Here is how BC family law treats the money and the new debt, what to ask your bank, and the court orders that can protect property.
Can You Get Divorced in BC If Your Spouse Won't Sign or Can't Be Found?
October 8, 2026
A divorce in BC does not need your spouse's agreement or signature. If they ignore the papers, avoid being served or cannot be found, the Supreme Court Family Rules allow a sole application to proceed, including service by an alternative method the court approves.
At What Age Can a Child Choose Which Parent to Live With in BC?
October 8, 2026
BC law sets no age at which a child gets to choose which parent to live with. A child's views are one factor in the best interests test, weighed with age and maturity, and they often reach the court through a report rather than the child's own testimony.
Shared Parenting and Child Support: The 40% Rule Explained
October 8, 2026
When each parent has the children at least 40% of the time over a year, BC child support is not simply the table amount. Here is how the shared parenting rule works, why counting time is often disputed, and why set-off is only the starting point.
Child Support After 19 in BC: University, Disability and Adult Children
October 8, 2026
In BC, child support does not end automatically on a child's 19th birthday. An adult child who cannot yet support themselves, because of studies, illness, disability or another reason, may still qualify, and the amount can be worked out differently.
Parents Helped With the Down Payment? Gift or Loan When You Separate
October 8, 2026
When parents help a couple buy a home and the couple later separates, the money can be treated as an excluded gift, a loan the couple owes, or simply part of the shared home. Which one applies turns on intention and evidence, so the paperwork made at the time often decides it.
Buying Out Your Spouse's Share of the House in BC: Steps, Mortgage and Tax
October 8, 2026
Keeping the family home after separation usually means buying out your spouse's share. A buyout works when the agreement, the lender's approval and the title transfer happen in the right order, and when the property transfer tax and income tax points are checked first.
Moving Away With Your Child in BC: The 60-Day Notice and Relocation Rules
October 8, 2026
Planning to move with your child, or facing a move by the other parent? In BC, a relocation under an existing agreement or order needs 60 days' written notice, and the other guardian has 30 days to apply to stop it. Here is how the notice and the court test work.
Gifts and Inheritances: Are They Protected When You Separate in BC?
October 8, 2026
Under BC's Family Law Act, an inheritance or a gift from a third party to one spouse is generally excluded property. But any growth in its value is shared, the spouse claiming the exclusion must prove it, and money that gets mixed can be hard to trace.
I Owned My Home Before We Met: What Happens to It When We Separate?
October 8, 2026
If you owned your home before the relationship began, BC's Family Law Act generally excludes its value at that date. The growth during the relationship is family property, and the start date, the mortgage and your records all affect the numbers.
When a Parent Withholds Parenting Time: Enforcement Options in BC
October 7, 2026
If your child's other parent keeps you from the time set out in an order or agreement, BC's Family Law Act gives the court specific remedies. Here is when a denial is wrongful, what a court can order, the 12-month limit to apply, and what to do first.
Is 50/50 Parenting the Default in BC?
October 7, 2026
Many parents assume BC law starts from a 50/50 split of parenting time. It does not. Here is what the Family Law Act and the Divorce Act actually say, how shared schedules work in practice, and why the 40% mark matters for child support.
Desk Order Divorce in BC: When You Can Divorce Without Going to Court
October 7, 2026
If you and your spouse agree on everything, a BC Supreme Court judge can grant your divorce on paper, without a hearing. Here is who qualifies for a desk order divorce, what goes in the package, how the child support check works, and the errors that send files back.
Child Support in BC: How It Is Calculated Under the Federal Guidelines
October 7, 2026
In BC, child support starts with a federal table amount based on the paying parent's income and the number of children, and a share of special expenses can be added. Shared or split parenting time, incomes over $150,000 and adult children can change the figure.
Prenups in BC: What a Marriage Agreement Can and Cannot Do
October 7, 2026
In BC, a prenup is usually called a marriage agreement. It can change how property and debt are divided if you separate and can address spousal support, but it cannot lock in parenting arrangements or child support. Here is what the law allows and what helps an agreement hold up.
Spousal Support in BC: Who Qualifies, How Much and for How Long
October 6, 2026
Spousal support in British Columbia is not automatic. This guide explains who counts as a spouse, how entitlement is decided, how the Spousal Support Advisory Guidelines suggest ranges for amount and duration, the two-year deadline, tax treatment and how support can change.
Dividing Family Property in BC: What Is Shared and What Is Excluded
October 6, 2026
When spouses separate in British Columbia, family property and family debt are generally shared equally. This guide explains what counts as family property, what is excluded and who must prove it, how assets are valued, when a court can divide unequally, pensions and the two-year deadline.
The Family Home After Separation in BC: Stay, Sell or Buy Out?
October 6, 2026
After a separation in BC, the family home is often the largest asset and the hardest decision. Here is how the Family Law Act treats the home, what each option involves, and the interim, mortgage, tax and will steps to deal with along the way.
Separating in BC: A First-Steps Checklist for the First 30 Days
October 5, 2026
The first weeks after a separation set the tone for everything that follows. This checklist covers what to do first in British Columbia: safety, gathering financial records, the family home, interim parenting arrangements, the two-year deadline unmarried spouses miss, and updating your will.
How to Get a Divorce in BC: Steps, Timeline and Options
October 5, 2026
In British Columbia only the Supreme Court can grant a divorce, and only once certain conditions are met. This guide explains the ground for divorce, the one-year separation and residence rules, joint, sole and desk order routes, the child support requirement and when a divorce takes effect.
Guardianship, Parenting Time and Decision-Making: BC's Version of 'Custody'
October 5, 2026
The Family Law Act and the Divorce Act don't use "custody" or "access" for parenting arrangements. This article explains guardianship, parental responsibilities, parenting time and contact under the Family Law Act, the Divorce Act's terms for married parents, and why there is no automatic 50/50 split.
Living Together but Not Married? What Separation Means for Your Property in BC
October 4, 2026
Many people in British Columbia assume that because they never married, a separation is simply a matter of each person taking their own things. After two years of living together, the Family Law Act says otherwise. Here is what is shared, what stays yours, and the two-year deadline that catches people out.
Separation Agreements in BC: What They Settle, and When a Court Can Set One Aside
October 4, 2026
A separation agreement is the document most separating couples in BC actually need, and the one most often done badly. Here is what it can settle, why you do not have to wait a year to sign one, and the specific grounds on which a court can later set it aside.