Divorce
Divorce lawyer in Surrey, BC
A divorce ends the marriage itself, and in British Columbia you can apply once you and your spouse have been separated for one year. The order takes effect on the thirty first day after a judge grants it, and only then are you free to remarry.
Shergill Law Corporation is a family law firm in Surrey led by Mandy Shergill, a lawyer and mediator. We handle divorce from the first conversation through the filed order, in English, Punjabi and Hindi, for clients in Surrey, Delta, Langley, White Rock and across the Lower Mainland.
The short version
The divorce itself is usually the simplest part of the file. What takes time is parenting, support and property. Sort those out, and the divorce order tends to follow on paper without anyone appearing in court.
What a divorce actually decides
A divorce order does one thing: it legally ends the marriage. It does not divide your property, set child support, or decide where the children live. Those are separate claims under the Family Law Act and the Divorce Act, and they can be resolved by agreement or by court order.
This matters because people often delay the divorce while everything else is unsettled, or rush the divorce and assume the rest is handled. Neither is necessary. In most files we resolve the substantive issues first, then file for the divorce as the final administrative step.
What are the grounds for divorce in BC?
Canada has one ground for divorce under the Divorce Act: breakdown of the marriage. Breakdown is established in one of three ways, by living separate and apart for at least one year, by adultery, or by physical or mental cruelty.
In practice almost every divorce in British Columbia proceeds on one year of separation. Adultery and cruelty require proof, add cost and conflict, and change nothing about how property, support or parenting are decided. You can begin the application before the year is up, but the order will not be granted until the year has passed.
Joint or sole application: which one applies?
A joint application is filed by both spouses together. Nothing is served, no one has to respond, and it is the faster and less costly route. It is available when you agree on the divorce and on any related claims such as support.
A sole application is filed by one spouse and served on the other, who has thirty days to respond. If no response is filed, the application proceeds as an undefended divorce, which is still resolved on paper by a judge without a hearing.
How long does a divorce take?
Two clocks run. The first is the one year separation period, which starts on the day you separated, not the day you filed or the day one of you moved out. The second is the registry processing time after the desk order material is filed, which varies through the year.
Once a judge signs the order, the divorce takes effect on the thirty first day afterwards. If you need to remarry on a fixed date, plan around that thirty one day gap and order the Certificate of Divorce, which is the document proof most institutions ask for.
Why child support has to be settled first
A judge cannot grant a divorce until satisfied that reasonable arrangements have been made for the support of any children of the marriage. This is a statutory requirement, not a formality, and it is the single most common reason a desk order divorce is refused and sent back.
Reasonable arrangements usually means child support at or close to the Federal Child Support Guidelines table amount, supported by income disclosure. If your agreement departs from the table, the material has to explain why in a way the court can accept.
What does a divorce cost?
The cost of the divorce order itself is modest and predictable: court filing fees, the registry search, and the legal work to prepare and file the material. An uncontested joint application sits at the low end of any family law file.
What moves the number is disagreement about the other claims. Every issue you resolve by agreement or in mediation is an issue that does not need affidavits, applications and hearings. We will tell you at the outset which parts of your file are likely to be straightforward and which are not.
“She is extremely knowledgeable, and an experienced family law lawyer. I would highly recommend her to those who are looking for an experienced family law lawyer to deal with all family law matters.”
How we can help
- 01 A first conversation about your situation and your realistic options before you commit to anything
- 02 Joint and sole divorce applications, prepared and filed
- 03 Undefended desk order divorces, including the supporting affidavit material
- 04 Child support arrangements that will satisfy the court on a divorce application
- 05 Mediation where it can resolve parenting, support or property without litigation
- 06 Certificates of Divorce and the paperwork institutions ask for afterwards
The path a matter takes
Every file is different, but the shape is usually the same. Timings are typical, not promised.
01
First conversation
What has happened, what you want, and what the law actually allows.
Week one
02
Disclosure
Income, property and debt on the table for both sides. Nothing moves without it.
Weeks 2-8
03
Negotiation or mediation
Most matters resolve here, in writing, without a courtroom.
Months 2-6
04
Agreement or order
Terms signed, or filed with the court so they can be enforced.
On resolution
Frequently asked questions
Do we have to be separated for a full year before filing?
You can start the application at any point after separation, but the divorce order will not be granted until you have been separated for one year. Most people file part way through the year so the material is ready when the date arrives.
Can we live in the same house and still be separated?
Yes. Separation is about the end of the relationship, not the address. Couples who continue sharing a home for financial reasons can still be separated, though you may need to show separate finances, separate sleeping arrangements and that you presented yourselves as separated.
What is the separation date and why does it matter?
It is the date one of you communicated an intention to end the relationship and acted on it. It starts the one year clock, and under the Family Law Act it is also the date used to value family property, so it carries real financial consequences.
Do I have to go to court to get divorced?
In most cases, no. Joint and undefended divorces are granted by a judge reviewing the filed documents, which is called a desk order divorce. Court appearances happen when there is a genuine dispute that has not been resolved.
Can I get divorced if my spouse will not agree?
Yes. After one year of separation, one spouse can apply alone. The other is served and has thirty days to respond. A refusal to sign does not prevent a divorce, though it may affect timing and cost.
Does the divorce divide our property?
No. Property division is a separate claim under the Family Law Act. Note that once a divorce is granted, there is a two year limitation period to start a claim for property division or spousal support, so do not let the divorce order pass without dealing with those claims.
Can I remarry as soon as the order is signed?
Not immediately. The divorce takes effect on the thirty first day after the order is granted. You will usually need a Certificate of Divorce, which can be ordered from the registry after that date.
This page is general information about family law in British Columbia. It is not legal advice for your situation, and the law changes. Speak with a lawyer about the facts of your own matter.
