What is meant by the term "legal separation" in the context of BC law?

In the context of BC law, "legal separation" primarily aligns with the understanding that it does not establish a formal status or legal process in the same way that divorce does. Instead, when couples separate, they may communicate their intent to live apart, which marks the start of their separation.

While some regions or legal systems may have a defined process or status known as legal separation, in British Columbia, separation is recognized as a personal decision. Couples are free to live apart after agreeing to separate, and this does not require any formal legal action or filing.

Understanding this concept is crucial, as it highlights the differences between being legally separated and the legal ramifications involved in divorce. In BC, parties do not need to go through a specific "legal separation" process to achieve a separation, but rather, it is understood once both partners recognize their intent to live separately. This helps clarify that while separation can have significant legal implications, such as affecting property division and child custody, it does not necessitate a formal legal status or filing, distinguishing it from other jurisdictions.