Divorce
How Long Do You Have to Be Separated Before You Can Get a Divorce in BC?
Mandy Shergill2 July 20267 min read
One of the most common questions people have when their marriage ends is: how long do I have to wait before I can get a divorce?
In Canada, the answer is clear. Under the federal Divorce Act, you must be separated from your spouse for at least one year before a court will grant a divorce. This is the most common ground for divorce in BC and applies to the vast majority of cases.
This guide explains what the one-year rule means, when the clock starts, and what you can do during that year to prepare.
The One-Year Separation Requirement
Canada's Divorce Act sets out three grounds for divorce:
- Separation for at least one year
- Adultery
- Physical or mental cruelty
In practice, nearly all divorces in BC proceed on the ground of one year of separation. Adultery and cruelty are rarely used because they require proof, create conflict, and offer no practical advantage in terms of the outcome of the divorce.
The one-year separation period is not a punishment or a waiting period designed to be difficult. It reflects the law's approach that marriages should not be dissolved hastily, and that reconciliation should remain a possibility.
When Does the Separation Clock Start?
The one-year period begins on the date you and your spouse separate, meaning the date you decided the marriage was over and began living separate lives.
This sounds straightforward, but it can raise real questions in practice.
You do not need a formal document to start the clock. There is no form to file, no notice to give, and no court order required. Separation happens when one or both spouses decide the marriage has ended and acts accordingly.
One person deciding is enough. If one spouse communicates to the other that the marriage is over, the separation has begun, even if the other spouse disagrees or does not accept it.
The date matters. Because divorce requires one full year of separation, the date you establish as your separation date affects when you can apply for divorce. If there is any dispute about when you separated, documenting it at the time, through a text message, email, or letter, helps establish the record.
Can You Still Live Together While Separated?
Yes. In BC, you can be legally separated while still living under the same roof. This is called "separation under one roof" and it is more common than many people expect, particularly when finances make it difficult to immediately maintain two households.
To establish that you are separated while living together, courts look at whether you have begun living separate lives within the home. Relevant factors include:
- Sleeping in separate bedrooms
- No longer sharing meals together
- Managing finances independently
- Not presenting as a couple socially
- One or both spouses communicating to others that the relationship has ended
If your separation date is ever disputed and you were living together at the time, evidence of these factors will be important.
Can You Reconcile and Still Use the Same Separation Date?
The Divorce Act allows for a reconciliation attempt of up to 90 days without resetting the one-year clock. If you and your spouse attempt to reconcile but it does not work out, the time you spent together during that attempt is not counted, but the clock is not reset to zero either.
If the reconciliation attempt lasts more than 90 days, the clock does reset and you must complete a full year of separation from the new separation date.
Do You Have to Wait a Full Year Before Doing Anything?
No. The one-year period applies to when a divorce order can be granted, not to when you can take legal steps.
During the separation year, you can and often should:
- Negotiate and sign a separation agreement covering parenting, support, and property
- Apply for interim orders for child support, spousal support, or parenting time
- Begin the financial disclosure process
- File for divorce in court, as long as you wait until you are close to or past the one-year mark before asking the court to grant the order
In fact, getting your separation agreement in place during the one-year period means your divorce can proceed smoothly once the year is up.
When Can You File for Divorce in BC?
You can file a divorce application at the BC Supreme Court before the one-year period is up, but the divorce order will not be granted until the full year of separation has passed.
Many people file the divorce application in the final months of the separation year so the process is underway by the time they are eligible. For an uncontested divorce, the court process typically takes several months after filing.
Divorce in BC is filed at the BC Supreme Court Registry. In Surrey, that is the Surrey Law Courts at 14340 57th Avenue.
What If You Do Not Know the Exact Date of Separation?
If you are not sure of the exact date, use your best recollection of when you or your spouse first communicated that the marriage was over. This might be the date of a significant conversation, the date one spouse moved out, or the date you stopped living as a couple.
Courts understand that separation does not always happen on a single clearly defined day, and a reasonable approximation is generally acceptable for an uncontested divorce.
How Long Does the Divorce Process Take After One Year?
Once you are eligible to apply for a divorce, the timeline depends on whether your divorce is contested or uncontested.
For an uncontested divorce where both spouses agree on all issues, the process typically takes three to six months after filing, depending on court volumes at the time. BC Supreme Court has been processing uncontested divorces within this range in recent years, though timelines vary.
A contested divorce, where spouses disagree on issues such as property division or parenting, takes significantly longer and can stretch to one to three years or more depending on complexity.
What Happens to Your Married Name After Divorce?
You can choose to return to a previous surname after divorce. In BC, you can change your name through the divorce process or separately through BC Vital Statistics. There is no legal requirement to change your name after divorce, and keeping your married name is entirely your choice.
Common Misconceptions About the One-Year Rule
"I need a legal separation agreement before the year starts." No. You do not need any document to begin the separation period. The clock starts when you separate, regardless of whether anything is in writing.
"We have to be separated for two years." No. Two years is the threshold for common-law property rights in BC under the Family Law Act. The divorce waiting period under federal law is one year.
"I cannot date anyone during the separation year." The law does not restrict you from dating during the separation year. Dating someone new does not affect the separation period or your divorce.
"I need my spouse to agree to the divorce." No. If you meet the one-year separation requirement, either spouse can apply for a divorce without the other's consent.
Get Help with Your Divorce in Surrey
Understanding the one-year rule is just the first step. At Shergill Law, we help Surrey residents navigate the full divorce process, from establishing your separation date to filing your application and finalizing all related issues.
Whether your divorce is straightforward or complex, having a family lawyer in your corner ensures the process goes smoothly and your rights are protected.
Contact Shergill Law today for a free consultation.
Call: (604) 774-6515 Email: info@ShergillLaw.ca Visit: shergilllaw.ca
This article is for informational purposes only and does not constitute legal advice. Divorce timelines depend on your specific circumstances. Consult with a qualified family lawyer for advice about your situation.
Shergill Law is a BC family law firm serving clients throughout Surrey and the Lower Mainland. We assist with divorce, separation agreements, child support, spousal support, parenting arrangements, and property division.
Frequently asked questions
Can I use adultery or cruelty to get a divorce faster than one year?
Technically yes, but it is rarely done. Proving adultery or cruelty requires evidence, creates conflict, and has no effect on how property, support, or parenting is resolved. Almost all BC divorces proceed on the one-year separation ground.
Does legal separation mean the same thing as separation for divorce purposes?
There is no formal "legal separation" status in BC. Separation is simply the factual end of the marriage. A separation agreement documents the terms of your separation but does not create a legal status separate from separation itself.
Can the divorce be finalized before all other issues are resolved?
Yes. A divorce order can be granted while property division and support claims are still ongoing. However, most lawyers recommend resolving those issues first or at the same time to avoid complications.
What if my spouse lives in another province or country?
As long as you or your spouse has lived in BC for at least one year immediately before filing, you can apply for divorce in BC.
This article is general information about family law in British Columbia. It is not legal advice for your situation. Speak with a lawyer about the facts of your own matter.