Vancouver Family & Divorce Lawyers | Henderson Heinrichs LLP

Do you need a separation agreement before you can get a divorce?

Written by: HHLaw (View All Posts ) Published: November 9, 2022
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Except in rare circumstances, the Courts in BC will not give you a divorce without there being a settlement or determination of all of your outstanding family law issues. If you have a separation agreement, this document is often provided to the court when the divorce application is made.

If you do not have children, it may be possible to obtain a divorce without a separation agreement provided that you do not have a family law action that claims relief against your spouse other than a divorce. If you have an action that claims relief such as property division, parenting orders, and/or support, you will need to have a resolution of those issues before the court will grant a divorce.