Family Law Issues

When relationships breakdown the parties will need either a court order or a separation agreement specifying their rights and obligations with respect to children, support for children and each other, dividing their family estate, and dividing family debt incurred over the length of their relationship. All of the above are subject to the laws of the Province of British Columbia. Our skills and expertise developed over 20 years of experience allow us to facilitate either the separation agreement or court order on your behalf.

Areas of family Law

Parenting and Parenting Responsibilities

In 2013 the legislation was changed to provide new language around custody and access. We no longer refer to parenting as "custodial parent" and "access parent". Now, all parents have "parental responsibilities" and "parenting time" with their children. This ensures that all parties, the legal professionals, and the courts are referring to the best interest of the child only when considering parental time and responsibilities to the children. There are no winners and losers when it comes to parenting just parents who are responsible for their children and parents who have time with their children.

Financial Support

Child Support and Spousal Support are tools used to equalize household incomes to ensure that children reside in approximately equal households. Child support is based on the Federal Child Support Guidelines and Spousal Support is based on the Spousal Support Advisory Guidelines. When household incomes are equalized children have equal opportunities in both households.

Property Division

The laws of British Columbia set out definitions of family property. If an asset is defined as family property it is generally equally divided. There are some property categories that are not considered family property and excluded from division. Once family property is determined then the property or properties are valued and it is really important to get proper legal information or legal advice on what is family property and how to value it.

Debt Division

The laws of British Columbia set out definitions of what constitutes family debt. If debt is incurred during the relationship then it is generally shared as the equal responsibility of both parties. It is important to get the proper legal information and legal advice about what is family debt and how is it divided.

Divorce

A divorce can be only be obtained by the Supreme Court of British Columbia and can either be obtained by a simple desk order divorce procedure or at a trial whereby a Judge makes an order for divorce. A divorce cannot be obtained unless the parties have sorted out child support and either have an agreement or court order that addresses child support while the children remain children of the marriage.