The break-up of a family is one of the most difficult times a person a can face in life. Emotions are running high, finances are stretched, and there are complicated legal issues that require prompt attention. A family lawyer in BC can help you with your situation so that at least the legal headaches are off your plate.
In BC, there are primarily two legislations that govern what happens in a family break up: the Divorce Act (federal) and Family Relations Act (provincial). To further complicate matters, there are two levels of court that have concurrent jurisdiction on some of the overlapping issues (the Provincial Court and Supreme Court of BC).
While there are overlapping provisions, there are also some distinct difference between the Divorce Act and the Family Relations Act. For example, only the Divorce Act can grant a divorce, and the Family Relations Act cannot. The Divorce Act defines “spouses” as couples who are legally married, whereas the Family Relations Act defines “spouses” as to include couples who are legally married, as well as couples who live in a marriage-like relationship for two years or more (often referred to as “common-law spouses”). Only the Family Relations Act deals with the division of family assets. But both deal with the obligation to pay spousal and child support.
Both the Provincial Court and the Supreme Court have jurisdictions to deal with some of the issues like custody, access, and support payments. However, only the Supreme Court has jurisdiction to grant a divorce and to rule on issues of property division. Generally speaking, the Provincial Court is considered more accessible (and therefore often less expensive) as its procedural rules are less rigid.
But before running off to court, other processes to resolve family disputes must be considered. These include mediation, negotiation, and the collaborative law process. Which one is best will depend on the specific dynamics of your situation and we can help you all the way through each of those processes. However, in order to resolve disputes on an informed basis, one must know what rights one has. In other words, what would a judge do if this case were to go to court? This site provides some answers to frequently asked questions with a view not to encourage litigation (if anything, to avoid it). Nonetheless, we recognize that, despite best efforts, litigation sometimes is necessary. Let us help you with your situation, however you choose to resolve your problems.
Disclaimer
Family law can be a complex area of law. Each situation is different and calls for an individual analysis. Below are some commonly asked questions and answers that apply most of the time. However, to cover every scenario to each question would require a complete recital of the legislation, making this page overly wordy, and much less useful. This page should serve as a starting point when considering these issues, but is not intended to be a replacement for professional legal advice.
As our law firm is located in Victoria BC, these questions are answered according to the law in British Columbia. Each jurisdiction will have its own legislative scheme and court decisions interpreting it. Be sure to consult a lawyer in your own jurisdiction.