The Divorce Process in BC​
For many people, divorce feels like the moment when everything becomes official. In British Columbia, divorce usually comes at the end of the legal process, not the beginning.
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Before the court will grant a divorce, especially when children are involved, separating couples must have clear arrangements in place for parenting, financial support, and division of assets and debts. These decisions are set out in a Separation Agreement, which does the heavy lifting in almost every separation.
Family Mediation is often the most straightforward path from separation to agreement to divorce.
Separation Agreement vs Divorce: What's the Difference?
A separation agreement is a comprehensive legal document that sets out the practical terms of your separation. In my work with separating couples, it is usually a detailed agreement, often 20 to 30 pages long, because it must address the full range of decisions that come with living apart.
A separation agreement deals with parenting arrangements and decision-making, child support and special or extraordinary expenses, spousal support where applicable, and the division of assets and liabilities. It also sets out how future changes will be handled, which is essential for creating stability over time.
This agreement provides clarity and predictability for both adults and children. It is also the document the court relies on to confirm that appropriate arrangements are in place for children’s care and financial support.
A divorce, by contrast, is a short court order. In many cases, it is a single paragraph that formally ends the marriage. It does not resolve parenting, support, or property issues. The court expects those issues to be addressed first, usually through a separation agreement, before a divorce will be granted.
If you have children, the court must be satisfied that appropriate arrangements are in place for their care and financial support before a divorce will be granted. This requires clear parenting arrangements and child support that complies with the law.
For many families, the separation agreement is the central legal work of separation. Once decisions about parenting, support, and property are resolved and recorded, the divorce process itself is usually straightforward and largely administrative.
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A separation agreement provides the assurance the court requires. Without it, key issues remain unresolved, including how decisions will be made for children, how expenses will be shared, and how property and debts will be addressed. Even when parents agree, the court needs to see that those agreements meet legal standards.
A separation agreement also allows the practical steps of separation to move forward. Financial and legal professionals often rely on it before they can act, including banks and pension administrators.
Why a Separation Agreement Comes Before Divorce in BC
Why Mediation Is an Efficient Way to Create a Separation Agreement
Mediation is often the most efficient and constructive way to create a separation agreement, particularly when both people are committed to resolving issues in a practical and informed way.
In mediation, I help you and your spouse work through the decisions that need to be made about parenting, financial support, and property in a structured and organized process. I provide legal information throughout so you understand how BC family law applies, while you remain in control of the decisions that shape your agreement.
This structured approach allows you to do most of the work together, share the cost of the process, and focus on practical solutions rather than legal positions. The result is a separation agreement that reflects your family’s real circumstances and provides a workable foundation for the future.
For many couples, mediation is faster, more affordable, and significantly less adversarial than traditional lawyer-to-lawyer negotiation, while still producing a clear and legally sound agreement.
The Typical Path From Separation to Divorce
For most families in British Columbia, separation and divorce follow a clear sequence. The first step is to create a separation agreement, often through mediation. This is where decisions about parenting, financial support, and property are resolved and recorded in a legally binding agreement. Once the agreement is drafted, each person obtains independent legal advice before signing. This step helps ensure that the agreement is understood, fair, and enforceable.
After the separation agreement is in place, the divorce application can usually proceed in a straightforward and uncontested way. At that stage, the court is able to grant the divorce because the practical and legal issues have already been addressed.Understanding this sequence helps many people avoid unnecessary delay, expense, and frustration, and allows them to focus on moving forward.
Once the terms of your separation agreement are finalized, I can also assist with preparing and completing your divorce documents. Because the parenting, support, and property issues have already been resolved, this part of the process is usually straightforward.
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I ensure the paperwork accurately reflects your agreement and meets court requirements, allowing the divorce application to move forward efficiently and without unnecessary complication.
Completing the Divorce Paperwork
Work together for 90% of the process and share the cost equally
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One of the key advantages of creating a separation agreement and preparing your divorce documents through mediation is that you are able to work through roughly ninety percent of the planning, decision-making, and paperwork with professional guidance and share the cost of all of it.
By the time mediation is complete, the difficult conversations have already happened and the decisions have been made. The separation agreement reflects those shared decisions rather than positions taken by competing lawyers. This significantly reduces the time and cost associated with traditional negotiation.
Before anything is finalized, each of you may obtain independent legal advice before signing. Independent legal advice allows each person to receive personal advice about their rights and obligations, strengthens the enforceability of the agreement, and provides reassurance that the process has been fair and informed. Once you have signed the separation agreement, all that is left is filing the application with the court.
Is Mediation the Right Approach?
Creating a separation agreement through mediation allows most of the planning and decision-making to happen collaboratively, while reserving individual legal advice for the final stage. For many couples, this results in a clear and legally sound separation agreement and supports a more efficient and straightforward divorce process. Mediation works best when both people are willing to participate honestly, share financial information, and engage in the process in good faith. You do not need to agree on everything at the outset. The process is designed to help you work through uncertainty and reach informed decisions in a structured and supported way.
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Mediation is not appropriate in every situation. Where there are serious safety concerns or ongoing coercive control, mediation may not be the right fit. Part of my role is to assess whether mediation is suitable for your circumstances and to discuss alternatives when it is not, so you can still move forward with appropriate support and clear next steps.
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Take the Quiz: Is Mediation is Right for You to learn more.
My Experience as a Family Lawyer and Mediator in Victoria, BC
I have practised family law for nearly 20 years and have worked exclusively with separating and divorcing couples in Victoria and across BC. Over that time, I have supported families through court proceedings, lawyer-to-lawyer negotiations, mediation, and the divorce process itself. I have seen where separation agreements support families effectively and where gaps in planning or drafting can create problems later.
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That experience shapes how I approach mediation and how I draft separation agreements that are intended to stand up over time and support a smooth divorce process. I focus on the conversations that matter most, anticipate where misunderstandings commonly arise, and draft agreements with care so they work in real life. I have created a supportive mediation service that to help you create a clear, durable agreement that reflects your shared intentions and provides stability as you move forward.
What are the Next Steps
If you are separated or thinking about divorce, the most important legal step is usually to create a clear and workable separation agreement. That agreement resolves the practical issues of parenting, financial support, and property, and it forms the legal foundation for the divorce process.
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I work with separating couples in mediation to help them reach durable agreements that support their children and allow both people to move forward with clarity and confidence.
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Learn more about mediation as the process approach for your situation and whether you need a separation agreement first.