Family Law

In Canada, there are both federal and provincial laws that apply to separation and divorce. In BC, separating couples can use the Family Law Act and married couples can use the Family Law Act or the Divorce Act. 

At the end of a relationship, each spouse has certain legal rights and responsibilities.  Generally speaking, your rights are the same whether you were married or if you lived in a “marriage-like relationship” for two years or more (“common law” relationship).

The major difference between married and common law spouses is that married spouses have to apply for a divorce if they no longer wish to be married to each other. A common law couple does not need a court order to declare they are no longer spouses.

It is important to know which law you will be using when you are going to court or applying for a divorce or consent order.  You probably won’t need to refer to the legal acts while you are negotiating, but it’s important to know what these laws say about your rights and obligations.

In summary, only married couples can use the Family Law Act and the Divorce Act. You will find that there isn’t much difference between your legal rights as parents in either act. Only under the Divorce Act can you get a divorce and only under the Family Law Act can you deal with property division. It is recommended that if you’re applying for a Divorce use the Divorce Act, for all other matters use the Family Law Act. If in doubt and need more information, consult a legal professional.

Rules & Forms

In BC, there are two courts that deal with separation and divorce issues: the Provincial Court, (also called the Family Court), and the Supreme Court. Depending on what issues you are dealing with, you will need to decide which court you will use. If you are making an application, you will need to choose which court to go to and use the court forms for that court.

Both courts have different court rules and different court forms. The table below summarizes what types of cases each court can hear. There are links to the rules and forms for each court.

Provincial Court processes are easier, faster and cheaper. Supreme Court processes are more complex, slower and expensive.

You don’t need to bring every matter to the same court. The Provincial Court is almost always the cheaper option. It has more relaxed rules and procedures which will make representing yourself much easier.  If you’re seeking a divorce and property division you’ll need to go to Supreme Court. For other matters, self-representing litigant should always try to bring these issues before the Provincial Court. If you are going to the Provincial Court, you will automatically be using the Family Law Act.