Path to Divorce in British Columbia

Divorce can be an emotionally charged and complex, often marked by difficult decisions and significant stress. In B.C., couples navigating divorce have two primary paths available: Mediation and Litigation.

Mediation

(Separation Agreement)

Mediation is a collaborative process where a neutral third party, the mediator provides legal information that helps facilitate discussions between you and your spouse to reach a mutually acceptable agreement on issues like division of property, debt, parenting, and different types of support.

To reach an agreement the process is completed within months to obtain a legally binding and enforceable agreement. Divorce is then obtained on an uncontested basis and does not involve going to court.

Cost-Effective

The shared cost of mediation results in a lower overall cost then litigation for both parties.

Confidential

Sessions are private and agreements are not part of the public record.

Communication

Beneficial for creating a future working relationship between the parties.

Time-Saving

Mediation provides results within months as opposed to litigation which provides results within years.

Flexibility

Solutions can be tailor fit to your specific needs and preferences of the parties.

Get Started

An initial private session for each party ensures the process is appropriate for both parties.

Litigation

(Court Order)

Litigation involves taking your case to court and we provide legal advice and act for only one party. The Judge hears formal evidence from both parties according to rules of evidence and not according to how parties feel. Based on the formal evidence the Judge provides a decision without consideration of feelings that do not coincide with rules of evidence or the laws of British Columbia. The process can take years to complete, is very adversarial, it is expensive for each party who has their own legal representative, and results in a court order that must be abided to by the parties. The court order can resolve all issues such as parenting, property division, debt division, support issues and divorce. The parties will have a difficult time developing a working relationship moving forward after this process and making future changes difficult and costly.

Judge Necessity

When the nature of the relationship makes mediation impossible: family violence, cohersive controlling behaviour, mental health concerns, substance abuse difficulties, or parties simply cannot come to an agreement on all or some of the issues.