As a family lawyer I am often asked about what to do if a preschool child does not want to visit one of their parents after a separation or divorce. The custodial parent may often ask if they should limit the amount of time the child spends with the non-custodial parent as a result of the refusal to visit.
Category: Divorce in BC
Blogs and articles relating to divorce law in British Columbia. Providing answers to frequently asked questions about divorce, separation, doing an uncontested divorce, and filing for divorce.
What type of property is excluded from division in the case of a separation between me and my spouse?
There is a lot of confusion by clients relating to what property is excluded from division when a couple separates in British Columbia. This article will explain what is excluded property and how excluded property is determined.
When do I become a spouse for the purpose of property division under the Family Law Act in B.C.?
People often wonder if the property division rules in the Family Law Act of B.C. apply to their relationship. In order to answer that question, it is important to determine if you are a spouse as defined in the Family Law Act.
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How do I Prove I am Separated if I Still Live Under the Same Roof as my Partner?
Due to the high cost of living, it is becoming more frequent today for couples who no longer consider themselves to be partners to stay living in the same house or apartment because they can’t afford to do anything else. As such, you may wonder how to prove you are legally separated in BC while still living together.
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Are Same Sex Couples Spouses Under the Family Law Act?
While it is common knowledge that same sex marriage is legal in Canada, we often receive calls from people who want to know their rights or obligations as a spouse or parent in a same sex relationship.
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If I paid the down payment on the house from money I had before the relationship started, do we have to split the family house equally in the case of separation or divorce?
People often wonder in the case of separation what happens to the family home if one spouse contributed money they had before the relationship to the purchase of the family home. They wonder if their down payment on the family home will be divided when they separate or divorce or if it will be excluded from the division of family property.
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Free New BC Child Support & Spousal Support Calculator
In order to help ensure that support payments are fair, the government of Canada has published two different guidelines, the Spousal Support Advisory Guidelines (for Spousal Support) and the Federal Child Support Guidelines (for Child Support). The calculations involved in these guidelines are complicated, and we want to make it as easy for you as possible. We have developed a Free BC Child Support and Spousal Support Calculator to help with this. Continue reading →
How to File for Separation in BC
Your relationship has ended and you wish to separate. You may be wondering how to file for separation in BC.
Live Separate & Apart
Well in BC there is no legal requirement to file for separation with a court. Separation is a question of fact. Are you living separate and apart from your spouse? If the answer is yes I am living a separate life from my spouse, then you are separated. Living separate does not necessarily mean that you are living in a different home than your spouse. It does however mean that you are staying in different rooms, and are not living as a couple. You must be living two separate lives, even if you are in the same house. There is no legal requirement to file for separation in BC to indicate that you are separated. Continue reading →
Getting a Divorce
So you may be thinking of getting a Divorce. If you are going down the road of getting a divorce there are a few things you may wish to do prior to commencing the divorce process, or at least before telling your spouse of your wish to get a divorce.
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How to Divorce
How to divorce is an important question when you wish to terminate your marriage.
Obtain a Court Order
In answer to the question, how to divorce: in order to get a divorce you will need to obtain an order from a judge granting you the divorce.
You may now be wondering how to get this order from a judge granting you the divorce. In British Columbia you would file completed court forms with the Supreme Court of B.C. seeking an order for divorce. The preliminary court form filed with the Supreme Court is called a Notice of Family Claim.
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How to File for Divorce
One of the first questions I am asked as a lawyer is how to file for divorce. The answer is, it depends. Are you filing for an Uncontested Divorce or Contested Divorce?
An Uncontested Divorce, often referred to as a “Bench Order Divorce” or “Desk Order Divorce,” is commenced when all outstanding issues arising out of the marriage have been resolved and the only order sought is that of divorce. This type of filing for divorce is preferred as it is not adversarial, faster and a lot cheaper. In order to go through this divorce process all outstanding issues resulting from the marriage such as, child guardianship, child support, spousal support, property division etc. have to be dealt with prior to filing for divorce.
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