-
Family Law issues are anything that can affect your family, but usually include:
Parenting issues
Divorce or pre-nup agreements
Child and spousal support
Valueing, selling, or agreeing about assets bought during a relationship
Dealing with violence from a family member
If you want to know if your issue is a family law issue, give us a call or send us an email and we can let you know.
-
If your matter involves any sort of property division, or is an application for divorce, you will need to file in the Supreme Court of BC. For most other things, it’s up to you where you would like to start your claim.
Generally, there are more represented people in the Provincial Courts, and the Provincial Court do not award costs to successful litigants.
The Supreme Court is a bit more technical, but you can get costs if you are successful in your argument.
To confirm what is best for your particular case, give us a call or send us an email and we can talk with you about it.
-
As long as your lawyer is in licensed in BC, they are able to help you, no matter where they are. Whether that actually makes sense depends on what you need your lawyer to do.
It’s always easier to hire a lawyer who is located closer to where you live and to the courthouse where your proceedings are. The problem is that sometimes those two things aren’t in the same place.
Usually, it’s best to get a lawyer from the area you need to file your documents in. If you will need your lawyer in Court, remember that you will have to pay for the lawyer’s accommodation and travel for any Court appearances. If they are a long way away, it could create a hefty bill. For some, but not all, court appearances, we can ask to for the Court’s permission to appear by video, but that is not always guaranteed to be granted.
If you are only looking for help with documents when you are representing yourself in court, then it can be a little more workable to have a lawyer who is further away. However, it can make some of the simple stuff like signing and filing documents slightly harder, and they may take a little longer.
To decide what makes sense for you, give us a call or send us an email and we can talk with you about it.
-
You don’t need to wear a suit and tie to court, but we would generally recommend dressing in business casual attire if you can. It’s your choice. If you want to suit up, go ahead. If you aren’t able to do business casual, that’s fine. Courts see all types of dress. Just try not to make it too distracting, and remember to remove any hats or sunglasses.
Bonus tip - turn your phone off, or the sheriff might do it for you.
-
If you both agree to your separation date, then generally that is what a Court will use. If that’s you, then hourrah, your family law case is that much siepler.
If you don’t agree on the date, then, to borrow one of the most accurate relationship statuses of our time: “It’s complicated.”
Whenever people are no longer living as one family unit, then they considered to be separated. Courts use a lot of factors to decide when parties have actually separated, including the emotional relationship, financial contributions, and the parties roles and norms in the relationship. Basically, they consider everything that seems relevant.
That means that you can be separated while living in the same home, as long as you are no longer living as a family unit.
Different separation dates can have consequences on spousal and child support, and, in some cases, raise limitations issues. If you have any questions about your separation, contact us by phone or email to talk about your circumstances.