Unless you have entered into a prenuptial agreement, all debt accumulated throughout the marriage or common-law relationship is considered to be divided equally. Please contact Nirwan Law Corporation to have our experienced lawyers analyze your financial situation to provide you with customized legal advice.
A joint divorce application is very similar to a simple divorce application. To file a joint divorce application, the parties must be in agreement with regard to all separation issues and only require a judge to grant a final divorce order. It is a good idea to have legal counsel draft a separation agreement to deal with parenting, child support, spousal support and property division prior to proceeding with the joint divorce application so that you are able to show the presiding judge how all any and all issues are being resolved. In addition, unless there is proven adultery or extreme physical or emotional cruelty, you will need to have been separated for at least one full year and one of you will have to have lived in BC for at least one year before you start the divorce process and must live in BC throughout the divorce process.
If you have resolved all of your marital issues related to child support, child custody, spousal support, property and debt division, then you may be able to file a Notice of Family Claim and proceed cia Desk Order. A Desk Order Divorce application, or alternatively a Simple Divorce Application, can be filed when the Respondent does not file any response to the Notice of Family Claim. When the Respondent does not file a response to the Notice of Family Claim, it is presumed that the Respondent agreed with or did not dispute the claims contained within the Notice of Family Claim.
Do I have to be separated before I can apply for a divorce?
Even if you eventually file for a Divorce on your own, it is highly recommended that you meet with a BC Family Lawyer before filing for your Divorce so that you are well aware of your rights and obligations. Contact our Family Lawyers at Nirwan Law Corporation to schedule a consultation at your convenience.
You must apply for a Divorce in the Supreme Court of British Columbia. Only a Judge can grant you a divorce. You will need your original marriage certificate in order to apply for a divorce. If you were married outside of the country you may need to have your marriage certificate officially translated. It is always best to speak with a divorce lawyer to learn about your rights under the Family Law Act and the Divorce Act prior to applying for a divorce.
Nirwan Law Corporation remains fully operational during the COVID-19 health emergency. Our commitment to providing excellent client service is still a priority. While you may be used to coming in to our office to drop off your information and to meet with us in person, we are recommending the following alternatives: phone calls or video conferences may be scheduled in lieu of face-to-face meetings, and your personal information can be emailed to us at your convenience.