Abbotsford, BC Divorce Lawyers
There’s nothing simple about divorce. You aren’t just dissolving a relationship—you’re dissolving a business partnership, too.
Every move you make will have consequences for your future. Your financial future. Your future relationship with your children.
We help high-earning clients protect the value of their most important assets during the divorce process. We help couples negotiate settlements they can live with. We help to protect your relationship with your children.
We are savvy negotiators who can help you settle out of court. We are tough litigators who will fight for you if your spouse forces the issue.
We’re responsive, caring, and ready to listen. Tell us your goals for your divorce, and we’ll craft a strategy.
FAQ
How do you get a divorce in British Columbia?
To get a divorce in British Columbia you must be a resident of the province for at least one year.
You must also be legally separated from your spouse for at least one year. There are two exceptions to this rule: you can obtain an immediate divorce if you can prove adultery or cruelty. In the case of adultery, you must also prove that you did not condone or excuse the adultery in any way.
To separate, you must live “separate and apart,” but that does not necessarily mean you have to leave your primary domicile. Many couples choose to sleep in separate beds in the same house.
In most cases, it is wise to obtain a formal separation agreement during this time. This legally-backed agreement helps you manage your finances and your parenting during the separation process. Because it is backed by court order, it is just as enforceable as your eventual divorce decree will be. As the terms of the separation agreement all too often become the terms of the divorce agreement, it will be important to work closely with your family lawyer to craft one.
After you and your spouse become eligible for a divorce, one spouse will file a Notice of Family Claim. This will contain the proposed terms of the divorce; the initial settlement offer. The other spouse has 30 days to either accept these terms, or file an answer. If the spouses agree, you have an uncontested divorce. If more negotiation needs to happen, then you have a contested divorce.
You will not have to proceed to trial unless negotiations break down entirely. However, a family court judge will have to review the terms of your settlement at a hearing just to ensure that the terms of the agreement are in accordance with Canadian law.
Can my wife/husband take everything in the divorce?
No.
Under Canadian law, both spouses have a right to 50% of the marital property. Marital property is any property accumulated from the day of marriage to the day of the divorce.
Certain property is exempt.
In addition, the courts recognize certain instances where a 50/50 division isn’t entirely fair. In that case, a slightly different split may be possible. In addition, it may be possible to use equalization payments and buyouts to retain control of certain assets that are important to you, such as a business.
That said, you should never go into a divorce expecting your spouse to walk away with nothing at all. The most dramatic split the British Columbia courts have ever ordered was an 80/20 split, and that was an extreme case.
The goal is not to take or keep everything. The goal is to protect the assets that matter most to you. Going into your divorce with realistic expectations will help you save time and money while reducing your frustration.
See Division of Marital Assets for more details.
Can I sue for sole custody of my child?
British Columbia courts don’t use “custody” anymore. They divide up parenting responsibilities and they apportion out parenting time. While it may be possible to become the parent the child lives with most of the time, you should be aware that the courts tend to want to protect the child’s relationship with both parents.
When abuse, neglect, and safety issues are of no concern, courts favor 50/50 arrangements or something close to them. When the other parent may be a danger to the child, you might get 90% of the parenting time while the other parent gets 10%. The courts can order that this parenting time be supervised for the child’s safety. Unless your spouse is incarcerated, it’s almost impossible to use the divorce process to sever all contact between your spouse and your children. Attempting to do so can even backfire, as courts look at your willingness to foster a relationship with the other parent when making decisions about what kinds of arrangements would be in the best interest of the children.
See Child Custody and Access for more details.
Why choose us?
The divorce lawyers on our team have years of experience handling sophisticated divorce cases. Many have a background in business and real estate law, which means that we understand all the issues that could impact your divorce.
We’re one of the few firms in British Columbia that handles complex farm divorces. We can keep your farm running, even after the family falls apart. We can ensure that your business remains in one peace. We can ensure that important assets like retirement funds and investment accounts remain valuable, not vulnerable.
We fight for your best interests at all times. We work hard to negotiate because an amiable negotiation is better for your interests than a contentious trial, but we’re not afraid to roll up our sleeves and fight if we have to.
We are responsive and caring. We return calls and emails promptly. When you work with our team, you’ll always know exactly what’s going on.
To get started, gather up all of your financial documentation and contact us to schedule an initial consultation. We’ll help you plan for the road ahead.