Married family

Uncontested Divorce

Separation Agreement

Prenuptial Agreement

Independent Legal Advice

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Uncontested Divorce

In Canada, under the federal Divorce Act, a party may file for divorce if:

  • separated for more than one year;
  • committing adultery;
  • Physical or mental abuse occurs.

Uncontested divorce is also what we usually call an agreed divorce. Separation for more than one year is the most common reason for uncontested divorce. The applicant only needs to declare when the two parties began to separate, and apply for divorce after one year, and the court will generally approve the divorce. . In the other two cases, although there is no need to wait for the expiration of one year to apply for a divorce, there are requirements for proof, and sufficient evidence must be provided to prove the fact of adultery or abuse. If the proof is insufficient, the court may not divorce on this ground.

If you want to file for divorce in BC, you and your spouse must have lived in BC for one year before you can apply to the BC Supreme Court. Divorce by agreement must be jointly applied by both parties (Joint Applicant), one party can retain a lawyer to prepare application materials for divorce by agreement, although the lawyer cannot represent both parties at the same time, the lawyer can witness the other party's signature without providing legal advice, thus saving your costs and time.

If you retain us to deal with this matter, please prepare the following documents:

  • Original marriage certificate
  • Basic information of both parties, age, date of birth, marriage history, marriage time, separation time, etc.
  • If you have dependent children, prepare a child support agreement

If you need to apply, please contact our office to make an appointment first, and then provide the required documents and information for processing. The general processing time is within 3 months.

Separation Agreement

After communication, if you decide to separate from your spouse, you can notify the other party that the separation begins, and you will no longer live together in the name of husband and wife. The separation does not require the consent of the other party. During this period, it is recommended that you consult a lawyer to draft a practical separation agreement based on your family and financial circumstances.

A separation agreement may avoid the situation that the two parties cannot reach an agreement on any matters in the case of very intensified conflicts during the divorce process. In Canada, divorce proceedings can last for more than years. In the early stage of separation, it is recommended to seek legal advice from a lawyer on child support, spousal support, family property division, divorce process, etc. It is in the best interests of the child to communicate and determine the terms of the separation agreement.

The separation agreement signed by both parties is binding on both parties. If one party fails to perform in accordance with the agreement, the other party can retain a lawyer to apply to the court for enforcement.

We can provide you with efficient legal services in the drafting, negotiating, reviewing and enforcing of separation agreements. If necessary, please contact us.

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Prenuptial Agreement

In the case of complicated marital relationships, such as involving remarriage with children, property donated by parents, and disparity in assets between the two parties, you may need to agree on the ownership of personal property, and spousal support after divorce, etc. through a prenuptial agreement. If one party has more property before the marriage, a prenuptial agreement can prevent the personal property from becoming the joint property of the husband and wife due to the mixing of the property after the marriage. A prenuptial agreement also protects the other party from the obligation to repay if one party had too much debt before the marriage. If the inheritance of children from previous marriages is involved, the prenuptial agreement can clarify the ownership of the property and avoid possible conflicts in the future.

After the prenuptial agreement is signed, it is binding on both parties and has a great impact on the property after marriage and the division of property after divorce. If you want to sign a prenuptial agreement, consult an attorney first to fully understand your rights and the implications of a prenuptial agreement.

Independent Legal Advice

Our lawyer may provide you with Independent Legal Advice. When you need to sign important documents provided by the other party, such as separation agreement, prenuptial agreement, spousal support agreement, child support agreement, etc., BC law stipulates that you need to entrust a lawyer to obtain legal advice to protect your rights and interests.

Our lawyer will carefully review the document in your best interest, explain important terms, inform you of your obligations and risks, and suggest changes to the document.

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Operating Hours

Monday to Friday: 9 AM- 5 PM

Office Address

Wesbrook Village at UBC
303-3313 Shrum Lane
Vancouver, BC V6S 0C8 

Telephone & Fax

Tel: 236-983-9000

Fax: 604-373-0688


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