Family Law
The breakdown of a marriage or other family issues can be a contentious and emotional time period in one’s life. We have the right temperament and experience to navigate the legal issues at hand to protect your rights. We emphasize early resolution and out of court settlements. We can also arrange for interim orders while we negotiate settlement agreements to deal with emergency issues.
Uncontested Divorce
An uncontested Divorce is when one party makes an application for divorce by filing a Notice of Family Claim and serving it on the other. If after 30 days there is no response from the other spouse and the parties have been separated for at least one year, then the other required forms are filed with the BC Supreme Court asking for a Divorce Order. After 31 days from the date the Divorce Order is granted and the marriage is officially terminated. The participation of the other spouse is not required, nor does either party have to appear in Court as all issues such as child/spousal support,
access/custody, and asset division are agreed upon. Contact us for further information.
Separation Agreements/Pre-Marital Agreements
A separation agreement forming a contractual agreement dealing with all issues arising from the dissolution of the marriage such as child/spousal support, access/custody, and asset division is always advisable and an efficient resolution.
Contested Divorce
If you and your spouse want to get divorced but can’t agree about parenting, support, and/or how to divide property and debt, you will have to apply for a contested divorce. Our experienced lawyers can help you reach a settlement before a trial by negotiating and preparing separation agreements that include spousal support, property division, child support, and other agreed upon issues to resolve the contested divorce outside of Court.
If you can’t come to an agreement about all of your issues, a judge will decide the issues at a trial. Our family lawyers have extensive trial and litigation experience at the Supreme and Provincial Courts of British Columbia in order to secure what is fair for you and your children.
We can also arrange for interim orders while we negotiate or await trial in order to alleviate any hardship or emergencies.
or concerns.
Property Division
Dealing with the matrimonial home and other joint property can be an uncertain and concerning time. We strive to ensure you receive what you are rightfully entitled to regardless of who is on title for your peace of mind now, and in the future. Our family lawyers have extensive experience before the Supreme Court of British Columbia in division of property and reapportionment of property issues.
Our experienced lawyers can always help you reach a settlement before a trial by negotiating and preparing separation agreements that include property division, child support, and other agreed upon issues to resolve the contested divorce outside of Court.
Contact us now to protect your property and/or make sure you receive an interest in what you are rightfully entitled to. We can also arrange for interim court orders while we negotiate or await trial in order to alleviate any hardships and concerns.
Spousal Support/Child Support
In times of separation and divorce, a paramount concern is how the children will be provided for. In fact, a Court will not grant a divorce until all arrangements for the Children have been made. For some spouses, their self-sufficiency is also a concern. The Federal Child Support guidelines and Spousal Support Advisory guidelines dictate the amount of support one is entitled to or required to pay, but can also be adjusted according to specific circumstances and/or agreements. What if my spouse’s income is primarily in cash? We have extensive experience and knowledge in calculating appropriate income valuations.
Contact our experienced and knowledgeable lawyers for more information. We can also arrange for interim orders while we negotiate custody and access, and draft the separation agreement, or while we await trial in order to alleviate any issues.
Custody
If you are unable to reach an agreement with your former spouse as to the residence and parenting responsibilities for the children, we can assist you in reaching an agreement.
Alternatively, our family lawyers are able to seek Court Orders to facilitate parenting arrangements, as well as on an urgent basis if there are concerns of family violence or child abuse.