Question 1

Do we have to go to court?

Accepted Answer

Most separations resolve without a judge — by negotiation, mediation, or an agreement drafted and signed properly. Court is a tool for the matters that need it, not the default path.

Question 2

We agree on everything — what do we actually need?

Accepted Answer

Usually a properly drafted separation agreement, independent legal advice for each of you, and — if you're married and want it — a desk-order divorce once you've been separated a year. Agreement on the substance is most of the work; the drafting is what makes it durable.

Question 3

How long until the divorce is final?

Accepted Answer

A divorce generally requires one year of separation (there are narrow exceptions), and an uncontested desk-order divorce is processed by the court registry without a hearing — there's no appearance to schedule and nothing for you to attend.

Question 4

My ex has a lawyer and I don't — what should I do?

Accepted Answer

Get advice before you sign or respond to anything. A single focused session — or independent legal advice on an agreement their lawyer drafted ($600, published fee) — is often enough to know where you stand and what to do next.

Question 5

We're common-law — does any of this apply?

Accepted Answer

In BC, after two years in a marriage-like relationship, property division and spousal support rules apply much as they do to married couples — and parenting and child support never depended on marriage in the first place. What you don't need is a divorce; the separation agreement does the work.