Newest KB Articles in Divorce in British Columbia

Name Change and Divorce in British Columbia

Wed, 09 Dec 2009 22:42:41 GMT

Using your spouse's surname after marriage does not constitute or require a legal change of name under the Name Act of British Columbia. Likewise, after divorce you can use your maiden name again without applying for a legal change of name. According to the Name Act of British Columbia:

After marriage:

A spouse may use his or her surname before the marriage, by birth or adoption.
A spouse can also use the surname of his or her spouse by marriage.

After divorce:

You can use your original surname or maiden name again, and you do not need to apply for a legal change of name.

Using your Original Surname

It is helpful, although not required, to use both your current name and your future name on the divorce papers. This is ordinarily done by providing the future name that you intend to use on the divorce papers as an alias. We provide a place for an alternate name for each spouse on our BC Divorce Questionnaire, which can be used for this purpose.

When to Apply for a Legal Name Change

The Name Act of British Columbia only requires that you apply to change your name if you want a surname other than your surname by birth or adoption or by marriage. Further information regarding obtaining a legal name change can be found here: BC Vital Statistics.

Obtaining New Identification

You may be required to produce identification with your legal name such as a Birth Certificate together with linking documentation such as a Certificate of Marriage or Certificate of Divorce in order to change the name on identification such as your British Columbia driver's license. Further information regarding obtaining a driver's license in another name can be found here: ICBC - Driver Licensing.

Legal Requirements for Divorce in British Columbia

Mon, 07 Dec 2009 02:10:40 GMT

There are two legal requirements to apply for divorce in British Columbia. The first requirement is that your situation must qualify as marriage breakdown. The second requirement is that the British Columbia Supreme Court must have jurisdiction to hear your divorce action.

Marriage Breakdown

Under the Divorce Act, marriage breakdown is the only admissible ground for divorce. Marriage breakdown can be established by adultery, cruelty or separation of one year.

Separation of one year is the preferred ground to establish marriage breakdown in an uncontested divorce. Proof of separation is provided to the court by affidavit, which does not require a court appearance. If your marriage broke down as a result of adultery or cruelty, it is still possible to obtain a divorce on the basis of separation of one year.

The date of separation is the date when one or both spouses have decided the marriage has ended. Usually it means that one spouse moves out but in some cases the spouses can continue to reside under the same roof for some time until new arrangements are made. In the interim, the spouses have separate households within the same house and no longer function as a family unit.

You may attempt to reconcile during the period of separation and still use the original date of separation as long as you and your spouse did not reconcile for a period totalling not more than 90 days.
You may expedite the process and file for divorce in British Columbia anytime after separation. Although the court cannot grant the divorce until you have been separated for one year this will reduce the total time it takes to obtain a divorce.

Jurisdiction of the Court

You can apply for a divorce in British Columbia if either you or your spouse has ordinarily resided in British Columbia for the past year. Proof of residence is provided to the court by affidavit, which does not require a court appearance.

Can we live in the same house and apply for a divorce?

Sun, 22 Mar 2009 21:58:43 GMT

You can apply for a divorce on the basis of separation, as long as one or both spouses have decided the marriage has ended. Usually it means that one spouse moves out, but in some cases they can continue to reside under the same roof for some time until new arrangements are made. In the interim, they have separate households within the same house and no longer function as a family unit.

How is property division affected by the divorce?

Sun, 02 Mar 2008 16:08:37 GMT

There are limitation periods for claiming property division which are affected by the divorce. If property division is unresolved and you do not address this to your satisfaction now, but intend to pursue these rights at a later date, it is recommended that you consult a lawyer.

How is spousal support affected by the divorce?

Sun, 02 Mar 2008 16:07:10 GMT

There are limitation periods for claiming spousal support which are affected by the divorce. If spousal support is unresolved and you do not address this to your satisfaction now, but intend to pursue these rights at a later date, it is recommended that you consult a lawyer.

Determining the date of separation

Thu, 28 Feb 2008 19:07:28 GMT

The date of separation is the date when one or both spouses have decided the marriage has ended. Usually it means that one spouse moves out but in some cases the spouses can continue to reside under the same roof for some time until new arrangements are made. In the interim, the spouses have separate households within the same house and no longer function as a family unit.

You may attempt to reconcile during the period of separation and still use the original date of separation as long as you and your spouse did not reconcile for a period totalling not more than 90 days.