Separation and Divorce
Separation and Divorce
Getting Separated
Every year in BC, thousands of married and common-law couples stop living together. This is called separation. They need to make important decisions, especially if there are children.
They have to decide on the following questions:
- Who will the children live with?
- What arrangements will be made so the child can see the other parent?
- How will they support the children?
- Who will stay in the home or apartment?
- How will they divide the things they own?
For example, Susan and Bill talked about these questions and agreed on the following answers.
- The children will stay with Susan.
- The children will visit with Bill every weekend.
- Bill will pay child support, and also pay for extra expenses for the children.
- Susan and the children will stay in the family home.
- Bill will get the car and Susan will keep the furniture.
Getting Divorced
Divorce is the only way to legally end a marriage. The court says the marriage is over. The only legal reason for divorce is “marriage breakdown.” The judge will decide there was a marriage breakdown if the husband and wife have not lived together for one or more years; or the husband or wife committed adultery (made love with someone else); or one person was physically or mentally cruel to the other.
If the married couple agrees to get a divorce, they may not need a trial. The judge can make a decision when he or she reads their documents. If there is a child involved, the judge will want to see that the parents have agreed upon who has daily care of the child and how the parents will support the child.
Immigrant Women and Separation
Some immigrant women want to leave their husbands, but they’re afraid. They think they won’t be able to stay in Canada alone. This is not usually true. If the woman is a permanent resident (landed immigrant), she can stay in Canada even if she separates or gets divorced.
Sometimes a woman comes to Canada to marry a man. He is her sponsor. A sponsor promises the government to support his wife for a period of three years. The man still has to support her if they stop living together. The man may say he won’t support her. Or maybe he doesn’t have enough money. Maybe she can’t work because she has a small baby or because she doesn’t speak English. She should then go to Family Court. The judge may tell her husband to pay her some money every month.