In British Columbia, spouses are considered separated when they begin living “separate and apart.” This usually occurs when spouses move into different homes, but separation can also occur while living under the same roof if the relationship has ended.

The date of separation is important because it can affect issues such as:

→ division of property and debt
→ entitlement to spousal support
→ parenting arrangements
→ eligibility to apply for divorce

Even when spouses remain in the same home temporarily, the relationship may still be legally considered separated if there is evidence that the marital relationship has ended.

Because the legal consequences of separation can be significant, it is often helpful to obtain legal advice early to understand your rights and options.

When spouses have resolved all issues related to their separation—such as parenting arrangements, support, and property division—they may proceed with what is commonly known as an uncontested divorce, sometimes called a desk-order divorce.

In these situations, the only remaining step is to ask the Supreme Court of British Columbia to formally grant the divorce order. The application is typically reviewed by a judge without requiring the parties to attend a court hearing.

There are generally two ways an uncontested divorce can proceed:

→ One spouse files for divorce and the other does not file a response
→ Both spouses file a joint application requesting the divorce order

Although uncontested divorces are simpler than contested cases, the application process still requires careful preparation of court documents. Errors in paperwork or missing documents can result in the court rejecting the application and causing delays.

Many people assume that an uncontested divorce is straightforward, but the court process is technical and document-driven. A large number of self-prepared applications are rejected by court registries due to procedural mistakes.

Common issues include:

→ incomplete documentation
→ incorrectly completed forms
→ missing supporting documents
→ procedural errors in filing

Working with a lawyer can help ensure the application is properly prepared and submitted, reducing the risk of delays and unnecessary stress.

For clients seeking assistance with an uncontested divorce, Coast Mountain Law offers flat-fee services:

→ Uncontested divorce without children: $2,000 plus taxes and disbursements
→ Uncontested divorce with children: $2,500 plus taxes and disbursements

These services are designed to help clients complete the divorce process efficiently while ensuring that the required legal steps are properly handled.

Collaborative divorce is a voluntary, out-of-court process designed to help separating spouses reach a resolution in a respectful, transparent, and solution-focused way. Rather than taking an adversarial approach, both parties commit to working together with their collaboratively trained lawyers to negotiate a mutually acceptable agreement. The process typically involves a series of structured meetings and may include neutral professionals—such as financial specialists or family professionals—to support informed decision-making around parenting, support, and division of assets.

A key feature of the collaborative process is that all participants agree not to go to court. If the process breaks down, both lawyers must withdraw, and the parties retain new counsel for litigation. This shared commitment encourages open communication, full financial disclosure, and a focus on long-term outcomes rather than short-term positions. Collaborative divorce can be particularly effective for families who want to preserve working relationships, minimize conflict, and maintain greater control over both the process and the outcome.