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Paine Edmonds LLP - Blog

Do I have to divorce?

No! You do not have to apply for a divorce at any time. However, in British Columbia, we have a no-fault divorce system. If either party applies for a divorce, they will be successful if they prove one of three things: you have lived separate and apart for 12 months; the opposing party has committed adultery; or they have subjected you to physical or mental cruelty that makes continuing to live together intolerable.
However, if neither party moves towards applying for an actual divorce, that is fine. All aspects of separation, including division of assets and care
of the children, can be handled through the drafting of a separation agreement.. That agreement can then be rescinded by the parties if a reconciliation
occurs, or a divorce can be applied for at a later date, if either party chooses. If there is no agreement between the parties about division of
assets or child care arrangements, application can be made to the courts with or without a divorce, to resolve these issues. Sometimes a divorce
can take several months to process, and so if you wait until you make plans to remarry before starting your divorce, you may face delays that are
outside of your and your lawyer’s control.