7 Mistakes to Avoid After Separation in BC

Author: SiLaw Group Family Lawyers
Published: Dec 27, 2022
Reading time: 2 min read

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There are several common mistakes that people in BC often make before seeking the help of a lawyer after separation:

1. Failing to gather important documents

Before meeting with a lawyer, it can be helpful to gather important documents such as financial records, property documents, and other related agreements. This can help your lawyer better understand your situation and provide more accurate advice. Also make a record of your date of separation and keep evidence of it — for unmarried spouses, that date starts the two-year clock for property and spousal support claims (see mistake 3).

2. Not being honest about the financial situation

It's important to be honest with your lawyer about your financial situation, including any debts or assets. Failing to disclose this information can hinder your lawyer's ability to effectively represent you. Full and honest financial disclosure between spouses is also the foundation of any lasting agreement — our post on the importance of disclosure in family law matters explains why. Signing an agreement before both sides have exchanged complete financial information is one of the most common, and costly, mistakes.

3. Not being aware of your rights

It's important to understand your rights and responsibilities during a separation, such as those related to parenting arrangements and property division. Strict time limits also apply in BC: under section 198 of the Family Law Act, unmarried (common-law) spouses must start a proceeding for property or pension division or spousal support no later than two years after the date of separation, while married spouses have two years from a divorce judgment or an annulment. The running of these time limits is suspended while the spouses are engaged in family dispute resolution with a family dispute resolution professional. A lawyer can help you understand these rights and how they may apply to your situation.

4. Not considering alternative dispute resolution

In some cases, it may be possible to resolve disputes through methods such as mediation or collaborative law. A lawyer can help you understand these options and whether they might be a good fit for your situation.

5. Not communicating effectively with your ex-partner

Even if you and your ex-partner are no longer together, it's important to communicate effectively about issues related to the separation, such as parenting arrangements and property division. A lawyer can help you navigate these conversations and find ways to resolve conflicts.

6. Not seeking legal help early enough

It's generally a good idea to seek legal help as soon as possible after a separation. This enables understanding of rights and informed decision-making about next steps.

7. Not considering the long-term implications of decisions made during the separation process

It's important to think about how your decisions during the separation process may impact your future, such as your financial stability and relationship with your children. A lawyer can help you understand the potential long-term consequences of different options.

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Many of these issues can be settled early with a well-drafted separation agreement. If you need more advice on mistakes to avoid before hiring a lawyer, contact one of our Surrey, BC family law lawyers and we can provide you with more guidance — book a free legal consultation.