Many fields of law deal with adversarial opponents: the plaintiff suing the defendant; a tenant in a dispute with a landlord; or the criminally accused and the complainant. Family law is arguably one of the most sensitive and emotionally charged areas of law because the parties involved are (or were) in intimate, familial relationships, and their relationships won’t necessarily end after their legal battle is over.

Statistics Canada’s legal definition of a “family” has evolved and expanded over the years to include common law partners, same-sex partners, their children, step-children, and even extended family members living in the same household.

“Family Law” encompasses a wide range of family-related legal issues, such as:

• Family law agreements between spouses:
  • Cohabitation agreements (agreements made between common law spouses, which can be signed prior to or after moving in together in a marriage-like relationship or having a child together);
  • Marriage agreements (pre-nuptial agreements made before marriage or post-nuptial agreements made during the marriage); and
  • Separation agreements.

• Adoption, surrogacy agreements, or sperm/semen donation agreements;
• Contact applications for non-guardians (grandparents, aunts, uncles, step-parents, etc.) to have visitation with children;
  
• Protection or conduct orders against family members (protective orders can be made under the Family Law Act, the Criminal Code of Canada, or both);
• Divorce and separation:
  • Division of family property and debt;
  • Pension and CPP division;
  • Spousal support; and
  • Parenting arrangements:
    • Child support,
    • Parenting time,
    • Parental responsibilities (or decision-making responsibility)

It can be confusing to find reliable information online about divorce and separation because some aspects are governed by federal legislation (such as the Divorce Act) and other issues are governed by provincial legislation, which varies from province to province. In British Columbia, our provincial legislation is called the Family Law Act SBC 2011, c 25.

The legislation that applies not only depends on which province you’re located in; it also depends on what type of “spouse” you are. There are three types of spouses, as defined in the federal Divorce Act and BC’s Family Law Act:

1. Common Law Spouse (Type 1): the parties have lived together for any length of time and have a child;
2. Common Law Spouse (Type 2): the parties have lived together for two or more consecutive years in a marriage-like relationship and may or may not have a child; and
3. Married: the parties have attended a valid civil or religious marriage ceremony, whether in Canada or abroad. (The parties will be required to file an original marriage certificate (and professional translation if it is not in English) with the court prior to getting a divorce. There is no requirement for the parties to have a child together or reside together for any duration of time)

Common Law Spouses in Type 1 have all of the rights of the two other types of spouses, aside from rights to property and debt division under Part 5 (Property Division) and Part 6 (Pension Division) of the Family Law Act.

Common Law Spouses in Type 2 have all of the rights of married spouses, but those rights are outlined in the Family Law Act, because the Divorce Act only applies to married spouses.

If you need to file a family court application in British Columbia, the court that you choose and the legislation that applies depends on the issue at hand and whether you are married or in a common law relationship:

There are several other pieces of legislation that might be relevant in a family law matter. For example:

• Pursuant to the Notice to Mediate (Family) Regulations, BC Reg 296/2007, a spouse can force the other spouse to attempt mediation by filing and serving a document called “Notice to Mediate” on the other spouse no earlier than 90 days after the Respondent has filed his or her Response to Family Claim and no later than 90 days before the date of trial (if scheduled).
• The Supreme Court (Family) Rules, BC Reg 169/2009 outlines all of the procedural rules in the Supreme Court of British Columbia, such as how to properly file and serve court documents, deadlines to file and serve documents, rules and requirements regarding conferences (such as Judicial Case Conferences or Trial Management Conferences), the rules regarding disclosure and examinations for discovery, the powers of court to subpoena witnesses, order expert reports, or order parties to pay fines and other payments due to non-compliance with court orders or written agreements, etc.
  
  Just like the Supreme Court (Family) Rules, the Provincial Court Family Rules, BC Reg 120/2020 outlines all of the procedural rules in the Provincial Court of British Columbia. However, instead of Judicial Case Conferences, parties in Provincial Court attend Family Management Conferences early in their court proceedings and Trial Preparation Conferences prior to trial.
• Common law partners may need to file an application under the Land (Spouse Protection) Act, RSBC 1996, c 246, to protect his or her interest in the family residence (“homestead”) if the parties have lived together for two or more years but he or she has is not registered on title.

We Offer Compassionate Legal Support

The end of a serious relationship often causes a period of grief, just like one would experience after the death of a loved one. It is difficult for people to make wise decisions when they are stressed, angry, and their brains are in “crisis mode.” One bad decision can have lasting consequences that could damage your case and exponentially increase your legal fees. Given the complexities of family law, it is best to retain an experienced family lawyer as soon as possible to obtain support and guidance.

The lawyers that you and your spouse retain to guide your family through the process of your divorce or separation can either help you heal and move forward in a positive direction, or they can act as incendiary weapons to fuel conflict and animosity.

Our lawyers have extensive experience managing challenging files involving mental health issues, substance abuse, allegations of family violence, and alienation of parents from their children, which is often complicated by demonstrably false allegations of family violence.

It’s normal to be angry, bitter, and resentful when a relationship ends, but there are never any winners in a high-conflict family law battle; especially if there are children caught in the crossfire. Our lawyers offer compassionate legal support and can help to unload some of your stress so that you can focus your attention on your mental health and, if applicable, your children’s wellbeing during this period of adjustment.

We fiercely advocate for our clients while focusing on achieving the best possible result for our clients’ families as a whole.

What is The Law Portal?

The Law Portal is a virtual law firm that provides cost-effective access to expert family lawyers across British Columbia. Our experienced and highly reputable remote family lawyers offer a minimum 25% discount, and our local lawyers may be available in your area at a minimum 15% discount on their hourly rates.

The Law Portal is able to effectively provide remote legal services to our clients through digital channels, including online portals, email, video conferencing, and online messaging. We promptly respond to our clients’ emails, messages, and phone calls, and our clients can access our legal services online from anywhere, at any time. 

We have also partnered with other law firms and sole practitioners across the province to provide each client with a tailor-made legal team, regardless of the client’s location. 

Call 778-328-2828 or complete our contact form to schedule a 30-minute consultation.