Family Law Blog

What Exactly is a Joint Divorce?

What Exactly is a Joint Divorce?

No two divorces are the same. For some couples, the process is fraught with stress and acrimony. For others, it’s a relatively smooth experience where both sides remain amicable and issues are non-existent. A Joint Divorce falls into the latter camp, and in this week’s blog we’re going to take a look at how this simple process works.

What is a Joint Divorce?

A Joint Divorce involves a separating couple making an application for a divorce together. The two parties agree they want to divorce and they agree about all the family law issues pertaining to their situation. In a Joint Divorce, all issues such as spousal support, child support, and the division of family property and debts are all decided and recorded. All that needs to be rubber stamped is the divorce itself.

What are the Benefits of a Joint Divorce?

A Joint Divorce allows a marriage to end on the best of terms. It’s a mature and friendly way of closing off a marriage. Rather than both parties trying to secure a “win” in the divorce, it allows a couple to progress to the next stage of their lives with minimal fuss and conflict.

How to Qualify for a Joint Divorce

In a Joint Divorce, the qualifying criteria are the same as any other type of divorce. To receive approval, you must satisfy one of the following criteria.

  • You have lived apart – been separated – for at least one year
  • You (or your spouse) must have lived in BC for a year or more
  • You can demonstrate the marriage has broken down
  • The court is satisfied you have made reasonable arrangements for any children, including child support
  • You’re not applying for divorce on the grounds of cruelty or adultery.

What to Prepare in Advance for a Joint Divorce

While the Joint Divorce is an amicable process free from disagreements, BC’s legal system is going to want to see assurances there are plans in place should disagreements pop up. In advance of a Joint Divorce, both parties will need to have written agreements in place in the following areas:

  • Parenting Plans for children
  • Child Support plans
  • Spousal Support
  • Plan for the division of property and debt

When preparing these plans, it’s highly advised to retain the services of a family law expert like the team at Westside Family Law. Creating these agreements offers reassurances that both parties can remain amicable in future months/years should any points of contention arise.

Find Out More

Interested in discussing your legal options surrounding divorce? Our expert team is standing by to assist. Contact us and we’ll be happy to help!