Family Lawyers Vancouver

Family matters are rarely straightforward, and they are hardest to resolve when emotions are running high. Our family law team guides clients through separation and divorce from first advice to final order, including Supreme Court desk order divorce applications, separation agreements and the division of family property. Where an agreement can be reached we work to reach it; where it cannot, we are ready to go to court.

Dividing family property and debt

Most people are surprised by what counts as shared property in British Columbia. Family property is everything either spouse owns on the date of separation, other than excluded property, and it is presumed to be shared equally unless the spouses agree otherwise or equal division would be significantly unfair. Property one spouse brought into the relationship, or received as a gift or inheritance from someone else, is excluded, but any increase in its value during the relationship is family property and is shared. Family debt is shared in the same way. Which side of that line an asset falls on is often the largest question in a separation, and it is worth asking early.

If you were not married

If you have lived together in a marriage-like relationship for at least two years, British Columbia treats you as spouses for dividing property and for spousal support, whether or not you married. A couple who lived together for less than two years but have a child together are spouses for spousal support, though not for dividing property. People who assume that only married couples divide property are frequently wrong about their own position.

Deadlines that can end a claim

The time limits are not generous. Under the Family Law Act, a married spouse has two years from the divorce order to start a claim to divide property or for spousal support, and an unmarried spouse has two years from the date of separation. Once that time passes the claim can be lost entirely. The clock pauses while the spouses are in family dispute resolution with a qualifying professional, such as a family justice counsellor, a qualified mediator or a lawyer advising one of them, but not while they simply talk between themselves. If you have been separated for a while and nothing has been formalised, that is a reason to speak to someone now rather than later.

Child support and spousal support

Child support and spousal support are two different questions with two different answers. Child support is the child's right, and for most families it follows the federal Child Support Guidelines: a table amount set by the paying parent's income and the number of children, with special or extraordinary expenses, such as child care, generally shared in proportion to income. Spousal support is not automatic. A spouse must first be entitled to it, and the amount then turns on the length of the relationship, the roles each person took and what each can earn, usually measured against the Spousal Support Advisory Guidelines. We will tell you what range to expect before you negotiate, so you are not agreeing to a number in the dark.

Parenting after separation

The Family Law Act speaks of guardianship, parental responsibilities and parenting time, and the only consideration in deciding them is the best interests of the child. Separation does not by itself change who is a child's guardian. Where there is a written agreement or order about parenting, a guardian who plans a move likely to have a significant impact on the child's relationship with another guardian, or with another person who plays a significant role in the child's life, must generally give at least 60 days' written notice. Parenting arrangements can be set out in a separation agreement or decided by the court.

Divorce, including desk order divorce

Only the Supreme Court can grant a divorce. The usual ground is that the spouses have lived separate and apart for at least a year, and one of them must have lived in British Columbia for at least a year before the claim is started. Where the spouses agree on everything, a desk order divorce is decided on the documents, without either of them going to court. The judge must be satisfied that reasonable arrangements have been made for the children's support, and the divorce takes effect 31 days after the order.

Agreements, mediation and court

Court is one route and often not the best one. Many separations resolve through a negotiated separation agreement, mediation or a collaborative process, which are usually faster, cheaper and less damaging to a co-parenting relationship than a contested hearing. An agreement dividing property should be in writing, with each spouse's signature witnessed; the court can then set it aside only if it was made unfairly, for example without disclosure of significant property or debts, or if it is significantly unfair. Couples can also make a cohabitation or marriage agreement before or during the relationship. We will tell you which route your situation suits. If it does need court, the choice matters: the Provincial Court can deal with parenting and support, but not with divorce or, apart from a family pet, the division of property; the Supreme Court can deal with all of it.

Two things commonly follow a separation: the family home has to be transferred or sold, and wills and beneficiary designations need revisiting. We do both — see real estate and wills and estate planning.