Family Law
Our experienced lawyers understand the sensitive and emotional nature of family law matters and are here to provide you with practical and compassionate legal solutions.
What areas are involved in Family Law?
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Being married or in a marriage-like relationship,
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Getting separated,
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Getting divorced,
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Making an agreement,
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Caring for and making decisions for children,
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Child support,
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Spousal support,
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Dividing family property,
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Protection from violence in the family.
Getting Separated
If you are married or in a common-law relationship, you become separated as soon as you and your spouse start living apart from each other with the intention of separating.
You don’t need your spouse’s permission to separated. You don’t have to see a lawyer or go to court to be separated.
You may consider move out of the place, or you may still live in the same house, either to save money or take good care of children. Usually you are considered separated if you don’t share meals, bedroom, or appear as a couple in social activities.
However, a court will look into many factors if you decided to seek for a court order for divorce after getting separated for one year. But you should consult a lawyer for opinion in this situation to make sure that you are mostly likely considered “being separated” by law.
Getting Divorced
If you are legally married, you must apply for a divorce by filling out documents and seek court order with the BC Supreme Court.
You are not legally divorced in Canada unless you have a court order for divorce from Canada or an other country.
There are three reasons for you to consider to base your application:
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You and your spouse have lived separately for one year,
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You or your spouse has committed adultery, or
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You were treated by your spouse with physical or mental cruelty.
You do not need to get your spouse’s permission to seek for a court order.
But if you and your spouse agree to get a divorce, the judge reviews the documents you filed with the court. We called an uncontested order and this may cost you less time to obtain a divorce order.
If you have children, remember to agree on how to take care of them and support them.
Making Agreements
You may consider seeking help from a lawyer:
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Before you and your couple move in together or while you are living together with your couple (to agree on your decisions about who owns what, who will pay debts and other things)
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When you are separated (to agree on your decisions about parenting, support, and property)
If you can make an agreement with your spouse to settle family issues, it saves time, money, and stress than going to court for their decisions. You can get legal help to come to an agreement.
