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FAQs
Find the answers to our most commonly asked questions. Reach out if you cannot find the answers you’re looking for, we’ll be happy to discuss further.
The length of time for family law matters varies depending on the complexity of the case, the issues involved, and whether disputes are resolved through negotiation, mediation, or court. Some cases can be resolved in a few months, while others may take longer, especially if they involve court proceedings.
Not necessarily. Many family law issues can be resolved outside of court through mediation, collaborative law, or negotiated agreements. These methods are often less time-consuming, less stressful, and more cost-effective than litigation.
For your first consultation, it’s helpful to bring relevant documents such as financial statements, marriage or cohabitation agreements, court orders, and any correspondence related to your case. This will give the lawyer a clearer picture of your situation.
The cost of hiring a family lawyer varies depending on the complexity of the case and the services required. During your initial consultation, we will discuss fees and offer a clear outline of potential costs, including whether flat fees, hourly rates, or retainer agreements are appropriate for your case.
Ensuring that your children’s best interests are prioritized during a family law dispute involves focusing on their emotional and physical well-being, maintaining open communication, and minimizing conflict. Courts in British Columbia prioritize the child’s best interests when making decisions regarding custody, Parenting Time, and support.
Divorce is the legal termination of a marriage, while separation refers to the decision of a couple to live apart, either temporarily or permanently. In British Columbia, you can be legally separated without a formal agreement, but a divorce requires a court order.
In BC, you generally need to be separated for at least one year before filing for a divorce. However, there are exceptions for cases involving adultery or cruelty, which may allow for an earlier filing.
While a Separation Agreement is not legally required for divorce, it is highly recommended. It outlines important issues like property division, child custody, and support, helping to avoid conflicts and ensure a smoother legal process.
In BC, property and debts acquired during the marriage are typically divided equally between spouses. However, each case is unique, and factors like inheritances, pre-marital assets, and other circumstances can influence the division.
Yes, many couples prefer to resolve divorce or separation through alternative dispute resolution methods like mediation or collaborative law, which can be less adversarial, more cost-effective, and quicker than going to court.
Parenting Time refers to the scheduled periods when a parent spends time with their child, focusing on the child’s best interests. Access is an older term that refers to the right of the non-custodial parent to visit or spend time with the child. Both terms involve maintaining relationships between the child and each parent.
Parenting Time is determined based on the best interests of the child, considering factors like the child’s emotional and physical needs, their relationship with each parent, and each parent's ability to provide a stable environment. Courts prioritize the child’s well-being when making decisions.
Yes, Parenting Time arrangements can be modified if there is a significant change in circumstances, such as a parent's relocation or a shift in the child's needs. Either parent can apply to the court for a variation of the agreement or order.
Not necessarily. Parenting Time is based on what is best for the child, not automatic 50/50 splits. While courts aim to ensure that both parents maintain meaningful relationships with their children, the division of time may vary depending on the situation.
If a parent repeatedly violates the agreed-upon Parenting Time schedule, the other parent can seek legal enforcement through the courts. In some cases, penalties, make-up time, or changes to the arrangement may be ordered to ensure compliance.
Guardianship refers to the legal responsibility for making important decisions about a child’s upbringing, including their education, healthcare, and overall well-being. In BC, both parents are usually considered joint guardians unless otherwise decided by a court or agreement.
Guardianship involves the legal authority to make significant decisions about a child’s life, while Parenting Time refers to the schedule for when a parent spends time with the child. A parent can have Parenting Time without being a guardian, and vice versa.
Yes, in certain situations, a non-parent, such as a grandparent or close relative, can apply to become a guardian if it's in the best interest of the child. The court must approve such arrangements, considering the child’s needs and circumstances.
To change a guardianship arrangement, you must apply to the court and demonstrate that there has been a significant change in circumstances. The court will always make decisions based on the best interests of the child, considering any new factors.
If one parent relocates, guardianship and Parenting Time arrangements may need to be modified. The relocating parent must provide notice to the other guardian, and any disputes may be resolved through mediation or court, ensuring the child’s best interests are prioritized.
Child Support is a financial obligation paid by one parent to the other to help cover the costs of raising their child, including necessities like food, shelter, education, and healthcare.
Child Support is calculated using federal guidelines that consider the paying parent’s income, the number of children, and the Parenting Time arrangement. The Child Support Guidelines provide a standard amount to ensure fairness.
Yes, Child Support can be adjusted if there’s a significant change in circumstances, such as a change in income, the needs of the child, or the parenting arrangement.
In BC, Child Support typically continues until the child turns 19, but payments may continue if the child is still in school or has special needs.
If the other parent refuses to pay Child Support, enforcement measures can be taken through the BC Family Maintenance Agency (BCFMA) to ensure compliance with the support order.
Spousal Support is a financial payment made by one spouse to the other after separation or divorce to help with living expenses and to support their financial independence.
Spousal Support is determined based on factors such as the length of the marriage, the income of each spouse, the roles each played during the relationship, and each spouse’s financial needs and abilities.
The duration of Spousal Support depends on various factors, including the length of the marriage and the recipient's ability to become financially independent. In some cases, it can be time-limited, while in others, it may be indefinite.
Yes, Spousal Support can be modified or terminated if there is a significant change in circumstances, such as a change in income, remarriage, or retirement.
No, Spousal Support is not automatically granted. It depends on the specific circumstances of the couple, and the court will determine whether support is necessary based on legal guidelines.
In BC, property and debts acquired during the marriage or relationship are typically divided equally between spouses. This includes assets like homes, pensions, and savings.
No, certain assets, like inheritances or gifts received by one spouse, may be excluded from division. However, the increase in value of those assets during the relationship may still be shared.
Debts acquired during the marriage or relationship are generally divided equally between spouses, regardless of who incurred them.
Yes, couples can agree on property division outside of court through a Separation Agreement. If they can’t agree, the court may make the final decision.
Jointly owned property is typically divided equally, but how it is physically divided (e.g., selling the home or buying out the other spouse’s share) depends on what is most practical and fair.
A Protection Order is a legal order issued by a court to protect individuals from family violence by restricting the abuser’s contact and ensuring the safety of the victim and their children.
Family violence includes physical, emotional, psychological, or financial abuse within a domestic relationship. It also includes threats or actions that cause fear for safety.
You can apply for a Protection Order by filing an application with the court. A judge will review the case and decide whether to issue the order based on evidence of family violence.
The length of a Protection Order varies, depending on the specifics of the case. It can be temporary or long-term, depending on the ongoing risk to the individual’s safety.
If a Protection Order is violated, the violator can face criminal charges, including arrest, fines, or imprisonment, depending on the severity of the breach.
Legal Coaching is a service where a lawyer provides guidance and advice to individuals representing themselves in legal matters, helping them navigate the legal process effectively.
With Legal Coaching, you remain in control of your case and handle the court appearances and filings yourself, but a lawyer helps you prepare by offering legal knowledge and strategies.
Individuals who prefer to represent themselves in court, but need legal guidance and support, benefit from Legal Coaching. It’s a cost-effective option for those who want expert help without full representation.
Legal Coaching can assist with a wide range of family law matters, including divorce, child custody, support issues, and property division, helping you understand your rights and options.
Legal Coaching is typically more affordable than full legal representation because you only pay for the advice and support you need, while you manage other aspects of your case.
A Cohabitation Agreement is a legal contract between unmarried couples who live together, outlining how assets, debts, and responsibilities will be handled during the relationship or in the event of separation.
A Pre-Nuptial Agreement is a legal contract made before marriage that outlines how assets, debts, and financial matters will be handled during the marriage or in case of divorce.
While not required, these agreements can provide clarity and protection for both parties by defining expectations around finances, property, and support, reducing the likelihood of disputes if the relationship ends.
Yes, both agreements can be amended if both parties agree to the changes, and the new terms are formalized in writing.
Yes, as long as the agreements are properly drafted, with full financial disclosure and independent legal advice for both parties, they are generally enforceable in BC courts.
A Separation Agreement is a legally binding contract between spouses or partners that outlines the terms of their separation, including property division, child custody, and support arrangements.
While you do not need a Separation Agreement to separate, having one provides a clear framework for both parties, ensuring that important issues like support, property, and parenting are addressed.
Yes, many couples prefer to negotiate their Separation Agreement through mediation or collaborative law, avoiding court and reducing conflict.
Yes, a Separation Agreement can be modified if both parties agree to the changes, or if a significant change in circumstances justifies a revision, such as a change in income or parenting arrangements.
Yes, a properly drafted and signed Separation Agreement is legally binding and enforceable in BC, as long as both parties had independent legal advice and full financial disclosure was provided.