In brief
Short, straight answers to the questions we hear most, each with a link to the deeper guide. If your question isn't here, the fastest way to an answer for your situation is the free 30-minute consultation.
Separation and divorce
Do I need to file anything to be "separated" in BC?
No. Separation is a fact, not a court process: it happens when you stop living together as a couple (which can even happen under one roof). Divorce is different: it's a court order, and only a court can grant it. More in our divorce guide.
How long do I have to be separated before divorcing?
Most divorces proceed on the basis of living separate and apart for at least one year. Adultery and cruelty are the other recognized grounds, but no one has to prove wrongdoing. Separation alone is enough. See divorce.
What is an uncontested divorce, and is it cheaper?
An uncontested divorce is one where you agree on everything (parenting, support, property) or have no issues left to resolve. It usually proceeds as a desk order divorce: a judge reviews the paperwork and no one attends court. It is the fastest and least expensive route, and we handle it for a flat fee. Details: uncontested divorce.
Can we use the same lawyer to save money?
One lawyer can't represent both of you. Your interests differ, even amicably. But one mediator can work with both of you to reach your own agreement, with independent lawyers reviewing it before signing. That's usually the cost-saving route people are really asking about: mediation.
Common-law couples
We never married. Do I have rights to property?
If you lived together in a marriage-like relationship for at least two years, BC's Family Law Act generally treats you as spouses for property, debt and support purposes. The "we weren't married so I get nothing" belief is one of the most expensive myths in BC family law. Details: common-law relationships.
Is there a deadline to make a claim after a common-law separation?
Yes. Limitation periods apply to property and support claims after separation, and missing one can end a claim before it starts. This is a see-a-lawyer-early issue: book a consultation.
Children and support
Who decides where the children live?
Ideally, both parents, by agreement or through mediation. If a court must decide, the only consideration is the child's best interests. BC law now speaks of "parenting time" and "decision-making responsibility" rather than "custody." More: parenting arrangements.
How is child support calculated?
Under the Federal Child Support Guidelines: tables set a base monthly amount from the paying parent's income and the number of children, with special expenses (childcare, health costs, some activities) shared on top, usually in proportion to incomes. See the child support guide.
Does my ex's new partner's income matter? Does mine?
Child support is based on the parents' incomes. A new partner doesn't take on that obligation by moving in. The full picture has nuances worth a conversation: child support.
Is spousal support automatic?
No. Entitlement comes first (based on economic disadvantage from the relationship, need, or an agreement), and only then amount and duration. The Spousal Support Advisory Guidelines suggest ranges but are not law. More: spousal support.
Process and practicalities
Will my case end up in court?
Most don't. The majority of separations resolve by negotiated agreement or mediation. Court remains the tool for cases where agreement isn't possible or safety requires it. If that's yours, we represent you there. See how the processes compare.
Which courthouse would handle my case?
For Surrey and White Rock families: Provincial Court matters (parenting, support, protection orders) are heard at the Surrey Provincial Court at 14340 57 Avenue; divorce itself and property division are Supreme Court matters heard in New Westminster.
Do you offer services in Punjabi?
Yes. ਅਸੀਂ ਪੰਜਾਬੀ ਵਿੱਚ ਸੇਵਾਵਾਂ ਦਿੰਦੇ ਹਾਂ। Legal advice, documents explained, and the conversations that matter, in the language you're most comfortable in. See Punjabi services.
What does a consultation cost?
The first 30 minutes are free: phone, video, or in person at our South Surrey office. Book here or call (778) 381-9977.
This page is legal information, not legal advice. The answers above are general; your situation may differ.
