Family law

Timing depends on the basis for divorce, complete paperwork, service, disputed issues, and court processing. For a divorce based on separation, spouses generally must have lived separate and apart for one year before it is granted. A divorce usually takes effect 31 days after the order. We can assess the steps and likely timing for your circumstances.

BC courts prioritize the best interests of the child, considering factors like each parent's relationship with the child, parenting abilities, the child's preferences (if age-appropriate), and each parent's ability to provide stability.

Under the BC Family Law Act, guardianship refers to decision-making authority over a child, while parenting time refers to the time each guardian spends with the child. Both guardians share parental responsibilities unless a court orders otherwise.

Entitlement to spousal support must be established first; an income difference alone does not decide it. The Spousal Support Advisory Guidelines help assess possible amount and duration once entitlement exists, but they are advisory, not legislation. Income, relationship history, children, existing agreements or orders, and the legal basis for support all matter.

Under the BC Family Law Act, family property is generally divided equally between spouses. This includes assets acquired during the relationship, increases in value of excluded property, and debts incurred during the relationship.