Family Law Basics
Family law addresses divorce and separation, and three main collateral areas, spousal and child support, division of family assets, and child custody and access.
British Columbia has a modified form of community property. On a separation each party is entitled to one-half of the family assets, subject to the right of the Court to redistribute those assets pursuant to the Family Relations Act.
Both spouses have a right to seek spousal support. Support orders are made in the discretion of the Court where need and ability to pay are shown. However it is the obligation of everyone to be self-supporting to the best of their ability.
Child maintenance is no longer as contentious as it once was, since the Federal government enacted the Child Support Guidelines, which specify the amount of maintenance to be paid in direct proportion to the Payor's income.
Our Approach
We act for spouses who have separated and seek support, an equitable share of the family resources, or assistance in dealing with custody or access matters.
We believe that these matters can in most cases be resolved without the need for antagonistic positions to be taken, and we strive to achieve a satisfactory solution in a cost-effective way through the use of mediation, interim applications to court, and meaningful dialogue. When necessary however we conduct trials to achieve a just result. |
