Family Law Act (SBC 2011, c 25)

Under the federal Divorce Act, the sole ground for divorce in Canada is marriage breakdown. This is established by living separate and apart for at least one year, or by proving the other spouse committed adultery or physical/mental cruelty making cohabitation intolerable. About 95% of Canadian divorces use the one-year separation ground.

Effective: 2021

Spouses may attempt reconciliation without restarting the one-year separation clock. A resumption of cohabitation for up to 90 days total for the primary purpose of reconciliation does not interrupt the separation period. This encourages couples to try working things out without losing progress toward the one-year requirement.

Effective: 2021

Under BC's Family Law Act, a 'spouse' includes unmarried persons who have lived together in a marriage-like relationship for at least two continuous years. This means common-law couples have the same property division and support rights as married couples after two years of cohabitation, without needing a divorce.

Effective: 2013

BC's starting point is a 50/50 split. On separation, each spouse is entitled to an undivided half interest in all family property as a tenant in common, and is equally responsible for family debt. This applies regardless of whose name the property is in or who contributed more financially.

Effective: 2013

Family property includes all real and personal property owned by either or both spouses at the date of separation. This covers the family home, vehicles, bank accounts, investments, pensions, RRSPs, business interests, and any other assets acquired during the relationship.

Effective: 2013

Certain property is excluded from equal division, including property owned by a spouse before the relationship, gifts and inheritances received during the relationship, personal injury and insurance settlements, and trust property. However, the increase in value of excluded property during the relationship is family property and must be shared.

Effective: 2013

The court may order an unequal division if equal division would be 'significantly unfair.' Factors include the duration of the relationship, whether one spouse's debts exceed their share of family property, each spouse's ability to pay a debt, and whether a spouse incurred debt for family purposes. The threshold for unequal division is intentionally high.

Effective: 2013

The court generally must not divide excluded property. An exception exists only where it would be 'significantly unfair' not to divide it and the non-owning spouse made a direct contribution to its preservation, improvement, operation, or management. This is a very high bar to clear.

Effective: 2013

Spouses may make written agreements (prenuptial, cohabitation, or separation agreements) to divide property differently than the default 50/50 rule. A court may set aside such an agreement if a spouse failed to disclose significant property, took improper advantage of the other's vulnerability, or if the agreement is 'significantly unfair' — a deliberately high threshold to protect the finality of agreements.

Effective: 2013

When making any agreement or order about guardianship, parenting arrangements, or contact, the only consideration is the best interests of the child. The court considers factors including the child's health, emotional well-being, history of care, the nature of the child's relationships, the child's views (where appropriate), and family violence.

Effective: 2013

When family violence is relevant, the court must consider its nature and seriousness, whether psychological or emotional abuse constitutes coercive and controlling behaviour, whether violence was directed at the child, whether the child was exposed to it, the harm to the child's safety and well-being, and what steps the responsible person has taken to prevent future violence.

Effective: 2013

While parents live together and after they separate, each parent is automatically the child's guardian. A biological parent who has never lived with the child and never regularly cared for them is not automatically a guardian. Marrying or living with a child's parent does not automatically make a step-parent a guardian.

Effective: 2013

No particular parenting arrangement is presumed to be in the best interests of the child — neither equal parenting time nor equal decision-making is automatic. Parental responsibilities include day-to-day care, education, health, and religious upbringing. During their parenting time, the guardian with the child makes day-to-day decisions.

Effective: 2013

A guardian who plans to relocate must give all other guardians and contact persons at least 60 days' written notice. If guardians do not share substantially equal parenting time, the relocating guardian must prove the move is made in good faith and that reasonable, workable arrangements have been proposed to preserve the child's relationships with others.

Effective: 2013

Under the federal Divorce Act (for married couples divorcing), the court may make orders allocating parenting time and decision-making responsibility. Decision-making responsibility covers major decisions about health, education, culture, religion, and significant extracurricular activities. The person with parenting time has exclusive day-to-day decision-making authority during that time.

Effective: 2021

Each parent and guardian of a child has a duty to provide support for the child. This duty extends to stepparents who contributed to the child's support for at least one year. Children are covered until age 19, or beyond if they are unable to support themselves due to illness, disability, or another reason.

Effective: 2013

Child support amounts in BC are determined according to the Federal Child Support Guidelines, which use standardized tables based on the paying parent's income and the number of children. The guidelines apply to both married and unmarried parents, with limited exceptions for undue hardship or split/shared parenting arrangements.

Effective: 2013

A spouse is entitled to support if the four objectives justify it: (a) recognizing economic advantages or disadvantages from the relationship, (b) apportioning financial consequences of child care, (c) relieving economic hardship from the breakdown, and (d) promoting economic self-sufficiency. The amount and duration depend on the length of the relationship, each spouse's role during it, and their conditions, means, and needs.

Effective: 2013

For married couples divorcing under the federal Divorce Act, the court considers the same four objectives as provincial law. The court examines the condition, means, needs, and other circumstances of each spouse. Marital misconduct is explicitly excluded — the court cannot consider a spouse's behaviour when determining support. Child support takes priority over spousal support.

Effective: 2021

Written spousal support agreements are binding, but the court may set one aside if a spouse failed to disclose significant financial information, took improper advantage of vulnerability, or if the other spouse did not understand the agreement's nature or consequences. Even without those circumstances, an agreement can be set aside if it is 'significantly unfair' — the same high threshold used for property division agreements.

Effective: 2013

BC's Family Law Act strongly encourages out-of-court resolution as the preferred option, with court as a last resort. Dispute resolution options include family justice counsellors (free government-appointed mediators), parenting coordinators, mediation, arbitration, and collaborative family law. All family dispute resolution professionals must assess for family violence before proceeding.

Effective: 2013

Any family dispute resolution professional consulted by a party must assess whether family violence may be present. If family violence is detected, the professional must evaluate the extent to which it adversely affects the party's safety and their ability to negotiate a fair agreement, and take appropriate steps to manage the process.

Effective: 2013

When parents have ongoing conflicts about implementing parenting arrangements, a parenting coordinator can help build consensus, create guidelines for communication, and make binding determinations on day-to-day disputes. Determinations are enforceable as court orders if filed. Either party can apply to court to change or set aside a determination.

Effective: 2013

BC Supreme Court has full jurisdiction over all family law matters including property division and divorce. Provincial Court handles parenting, support, and protection orders but cannot divide property (except companion animals as of January 2024). Divorce itself can only be granted by the Supreme Court under the federal Divorce Act.

Effective: 2024

There is a two-year limitation period after separation to bring a claim for property or debt division. For married spouses, the clock starts at the date of separation or the date a divorce order is made, whichever is later. For unmarried spouses, it starts at the date of separation. Missing the deadline can mean losing the right to claim property division.

Effective: 2013

An at-risk family member can apply for a protection order to prevent contact, communication, or attendance at their home, workplace, or school by the violent family member. Orders last one year by default (indefinite in serious cases) and can be made without notice in emergencies. Breaching a protection order is a criminal offence that can lead to arrest, fines, or jail.

Effective: 2013

When deciding whether to make a protection order, the court considers: history of family violence, whether violence is repetitive or escalating, whether abuse constitutes coercive and controlling behaviour, recent separation, substance abuse, access to weapons, mental health problems associated with violence risk, and the at-risk family member's own perception of risk.

Effective: 2013

When a child is a family member, the court must specifically consider whether the child may be exposed to family violence if no order is made, and whether a protection order should also cover the child directly. This recognizes that protecting a parent does not automatically protect the child — children may need their own protection orders.

Effective: 2013

If one spouse is at risk of losing property because the other spouse might sell, transfer, or dispose of it, the court can make an interim order restraining the disposition of property. This preserves assets until the property division claim is resolved. The court must make the order if the applicant shows their claim could be defeated by the disposition.

Effective: 2013

Spouses may enter written agreements before or during a relationship to change the default property division rules. These agreements are enforceable if in writing and witnessed. To set aside such an agreement, a spouse must prove failure to disclose, improper advantage-taking, lack of understanding, or 'significant unfairness' — BC deliberately sets this threshold high to respect the finality of freely-made agreements.

Effective: 2013

Part 3 sets out detailed rules for determining who is a child's parent in all circumstances, including assisted reproduction, surrogacy arrangements, and traditional parentage. A person is the parent of their child for all purposes of BC law. These rules are especially relevant in divorce cases involving children born through assisted reproduction or surrogacy agreements.

Effective: 2013