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divorce-checklist

Divorce Checklist for Divorcing Couples in British Columbia

September 04, 20233 min read

Introduction:

Divorce can be a complex and emotional process, and it's important to be well-prepared if you're considering it in British Columbia, Canada. While this checklist can provide a general overview, it's essential to consult with a lawyer or legal professional for advice tailored to your specific situation. Here's a divorce checklist for divorcing couples in British Columbia:

1.    Initial Considerations

  • Ensure at least one spouse has lived in British Columbia for a minimum of one year to meet residency requirements.

  • Discuss and possibly seek mediation or counseling before deciding on a divorce.

  • Start maintaining a personal diary or record of vital events, dates, and decisions.

2.    Legal Aspects

  • Consult with a family lawyer experienced in British Columbia’s Family Law Act.

  • Understand BC's divorce laws and requirements for a smoother legal journey.

  • Commence the legal process by filing a Notice of Family Claim, either as an uncontested or contested divorce.

  • Ensure your spouse is served with the appropriate documents as per court guidelines.

  • Attend court hearings as necessary and consider alternative dispute resolution methods for contested issues.

3.    Financial Matters

  • Collate a comprehensive list of both joint and personal assets.

  • Collect crucial financial documents: tax returns, pay stubs, bank statements, property evaluations, etc.

  • Settle on alimony/spousal support and child support arrangements, if applicable.

  • Strategically divide assets, ensuring pensions, insurance policies, and investments are accounted for.

  • Address and settle joint liabilities.

4.    Children-Related Decisions

  • Engage in a discussion about child custody, visitation rights, and primary residence.

  • Craft a robust parenting plan detailing duties, schedules, and other pertinent agreements.

  • Attend workshops or classes on parenting post-separation.

  • Ensure the determined child support aligns with BC's recommended guidelines.

5.    Housing & Property

  • Decide on who will continue residing in the marital home.

  • If selling the home is the choice, prepare it for sale and select a reputable realtor.

  • Equitably distribute household items.

  • Organize alternative housing arrangements if necessary.

6.    Personal Documents & Updates

  • Revise your will and any estate planning documents post-divorce.

  • Modify beneficiaries on life insurance, retirement accounts, and similar instruments.

  • Transition from joint bank accounts to individual ones and manage credit cards accordingly.

  • If choosing to revert to a previous name, update it on all personal IDs and official documents.

7.    Emotional Well-being

  • Contemplate individual or group therapy sessions.

  • Engage with divorce-focused workshops or support groups in your community.

  • Join Facebook groups or other online community platforms to connect with individuals undergoing similar challenges. Engaging in dialogues can be therapeutic and enlightening.

  • Prioritize self-care, ensuring you're surrounded by a supportive circle of friends and family.

8.    Final Steps

  • After all issues are settled and the waiting period is over, secure a Certificate of Divorce.

  • Ensure you obtain copies of all judicial orders and legal documents.

  • Finalize any remaining joint accounts or obligations.

Navigating a divorce can be challenging. This checklist offers a framework, but remember that every individual's experience is unique. Should you need advice or assistance, especially concerning property matters,

Feel free to contact Hani Faraj with Vancouver House Finders at 778-881-6781.

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