Family and Divorce Lawyers in Surrey, BC

Once you have been separated for a year, an uncontested divorce with the documents in order is usually granted a few months after filing, depending on the registry’s workload. A contested case takes much longer, and the delay nearly always comes from the parenting, support or property issues attached to the divorce rather than from the divorce order itself.

No. The one-year period applies only to getting a divorce on the basis of separation. Parenting arrangements, support and property division can all be dealt with right away, and it is usually better to address them early.

Under the Federal Child Support Guidelines. The starting point is a table amount based on the paying parent’s annual income and the number of children. Parents then share certain extra costs, called section 7 expenses, generally in proportion to their incomes. Shared parenting, split parenting and disputed income can all change the result.

If the home was bought during the relationship, it is family property and presumed to be shared equally, whoever is on title. If one spouse owned it beforehand, its value at the start of the relationship may be excluded, but any growth in value during the relationship is shared. Proving the excluded portion takes documents.

For property division and spousal support, largely yes, once you have lived together in a marriage-like relationship for at least two years. The main differences are that there is no divorce, and the two-year deadline to make a claim runs from the date of separation.

If the move would significantly affect the child’s relationship with the other guardian, you must give written notice at least 60 days in advance. The other guardian can object, and a court may need to decide. Moving without following that process can cause serious problems in any later case.

Most family matters are resolved without a trial, through negotiation, mediation or collaborative practice. Court becomes necessary when the other person will not disclose information or negotiate reasonably, or when protection is needed. We will tell you early which way your matter appears to be heading.

Whatever you have on hand. Useful documents include tax returns or notices of assessment for the past three years, recent pay stubs, a list of assets and debts with rough values, any agreements or court orders, and a short written timeline. If you have none of this, still book the meeting. Working out what to gather is part of it.

No. In a separation your legal interests differ, so one lawyer cannot represent both spouses. Where you have reached an agreement together, each of you should get independent legal advice before signing. Skipping that step makes the agreement easier to challenge later.

Ask about a limited-scope retainer. Instead of hiring a lawyer for the whole matter, you hire one for specific tasks, such as reviewing an offer, drafting an agreement or preparing you for a court appearance, and handle the rest yourself. We offer this where it suits the situation, and the free first consultation is a good place to ask about it.