Question 1

How do I know if I need a family lawyer?

Accepted Answer

If you are going through a separation, divorce, parenting dispute, or any other family law matter, consulting a lawyer can help you understand your rights and options. Even straightforward-looking situations can have implications that aren't obvious without legal advice. [Contact our office](/contact) for a consultation to discuss your specific circumstances.

Question 2

What happens at an initial consultation?

Accepted Answer

During an initial consultation, we discuss your situation, review any relevant documents, answer your questions, and outline your legal options. The goal is for you to leave with a clear understanding of where you stand and what steps to consider. [Contact our office](/contact) to book a consultation.

Question 3

How much does a consultation cost?

Accepted Answer

Consultation fees vary depending on the complexity of the matter. Please [contact our office](/contact) for current consultation rates. The fee is discussed when you book your appointment.

Question 4

What should I bring to my first meeting with a lawyer?

Accepted Answer

Bring any relevant documents such as your marriage certificate, existing court orders or agreements, financial documents (tax returns, pay stubs, bank statements), and a written list of your questions. Our [Resources page](/resources) has a detailed consultation checklist to help you prepare.

Question 5

Do I need a lawyer, or can I handle my family law matter myself?

Accepted Answer

You have the right to represent yourself, but family law can be complex and the consequences of mistakes can be significant and long-lasting. A lawyer can help ensure your rights are protected, that agreements are fair and enforceable, and that you understand the legal implications of your decisions. [Contact our office](/contact) to discuss your situation.

Question 6

Can I get legal aid for a family law matter in BC?

Accepted Answer

Legal aid may be available through [Legal Aid BC](https://family.legalaid.bc.ca/) for certain family law matters, particularly those involving family violence, child protection, or where children are at risk. Eligibility depends on your income and the nature of your case. We can help you understand whether you may qualify and provide referrals where appropriate.

Question 7

What areas do you serve?

Accepted Answer

We are based in West Kelowna and serve clients across the Okanagan and Interior British Columbia, including Kelowna, Kamloops, Vernon, Penticton, Salmon Arm, and surrounding areas. [Contact our office](/contact) to discuss whether we can assist with your matter.

Question 8

Can I switch lawyers in the middle of my case?

Accepted Answer

Yes, you have the right to change lawyers at any time. If you are considering a change, we can discuss taking over your file. There may be some transition steps involved, but switching lawyers is not uncommon and your file belongs to you.

Question 9

What is the legal definition of separation in BC?

Accepted Answer

Separation occurs when one or both spouses decide the relationship is over and begin living separate and apart. In BC, you do not need to file paperwork to be legally separated. The date of separation is important because it starts several legal timelines. Contact a lawyer if you are unsure about your separation date.

Question 10

Do I need to file for separation in BC?

Accepted Answer

No. In British Columbia, there is no formal legal process or paperwork required to separate. Separation happens when the relationship ends. However, it is important to document the date of separation and consider getting legal advice about your rights and obligations.

Question 11

Can we be separated and still live in the same house?

Accepted Answer

Yes. It is possible to be legally separated while still living under the same roof. This is common for financial or practical reasons. The key factor is that the spousal relationship has ended. If this is your situation, it can be helpful to document the separation clearly.

Question 12

What should I do first after separating?

Accepted Answer

There is no single right approach, but common things people do after separating include noting the date of separation, organizing important personal and financial documents, and reviewing their financial situation. Many also choose to speak with a family lawyer before making significant financial decisions, since these can have long-term legal consequences. Our [Resources page](/resources) has a post-separation checklist to help you think through your situation.

Question 13

Do I need a separation agreement?

Accepted Answer

A separation agreement is not legally required. Many separating couples choose to put one in place because it provides a written record of how parenting, support, property, and other issues will be handled, and can prevent future disputes. Whether one makes sense in your situation depends on the specifics — a consultation can help you think it through.

Question 14

Is a separation agreement legally binding?

Accepted Answer

Yes, a properly executed separation agreement is a legally binding contract. Independent legal advice for each party, full financial disclosure, and voluntary signing all strengthen enforceability — without them, an agreement may be vulnerable to challenge.

Question 15

What is the difference between separation and divorce?

Accepted Answer

Separation is when the relationship ends. Divorce is the legal process of ending a marriage. You can be separated without being divorced, and you can resolve issues like parenting, support, and property without getting divorced. However, you need a divorce order to legally remarry. [Contact our office](/contact) to learn more.

Question 16

Are there time limits after separation that I should know about?

Accepted Answer

Yes. Several limitation periods are tied to the end of a relationship. For unmarried (common-law) spouses, claims for property division must generally be brought within two years of separation. For married spouses, the two-year clock for property division starts from the date of divorce or annulment, not separation. Spousal support claims also have limitation periods. Missing these deadlines can affect your rights, so it's worth getting legal advice early.

Question 17

How do I get a divorce in BC?

Accepted Answer

To get a divorce in BC, you must file an application with the court. The most common ground is being separated for at least one year. You can file the application at any point after separation, but the divorce will not be granted until the one-year period has passed. The application can be joint (both parties applying together) or sole (one party applies and the other is served). [Contact our office](/contact) for help with your divorce application.

Question 18

How long does a divorce take in BC?

Accepted Answer

An uncontested divorce in BC typically takes six months to a year, depending on drafting time, how the registry reviews the documents, and whether any rejection notices need to be corrected before the divorce is granted. The registry is strict about how these documents are drafted. Contested divorces, where issues remain unresolved, can take significantly longer.

Question 19

Do I have to wait one year to get divorced?

Accepted Answer

In most cases, yes. The most common ground for divorce in Canada is one year of separation. You can file the application before the one-year mark, but the divorce will not be granted until at least one year has passed. In rare cases involving adultery or cruelty, a divorce can be granted sooner. If you're trying to plan timing, a consultation can help you map out what to file when.

Question 20

Can I get a divorce without going to court?

Accepted Answer

For uncontested divorces, you generally do not need to attend court in person. The application is filed and processed largely through paperwork. If the divorce is contested, you may need to attend court appearances. [Contact our office](/contact) to discuss the process for your situation.

Question 21

Do I have to resolve all issues before getting divorced?

Accepted Answer

No. You can obtain a divorce order without having resolved every other family law issue. That said, many people work to resolve issues like property division, support, and parenting before or alongside the divorce, partly because some limitation periods are tied to the divorce itself.

Question 22

What is the difference between a joint and sole divorce application?

Accepted Answer

A joint divorce application is filed together by both spouses and indicates that both agree the marriage has broken down. A sole application is filed by one spouse and the other is served with the documents. Joint applications are typically simpler and faster. Which approach makes sense depends on your situation.

Question 23

What does a divorce cost?

Accepted Answer

The cost of a divorce depends on whether it is contested or uncontested. An uncontested divorce involves court filing fees and legal fees for preparing the application. Contested divorces can be significantly more expensive depending on the issues involved. [Contact our office](/contact) for more information about fees.

Question 24

Can I get a divorce if my spouse does not agree?

Accepted Answer

Yes. You do not need your spouse's consent to get a divorce. If your spouse does not agree or does not respond, you can proceed with a sole application. The court can grant a divorce even if one party does not participate. Sole applications have their own procedural steps — a consultation can walk you through them.

Question 25

What if I cannot find my spouse to serve them with divorce papers?

Accepted Answer

If you cannot locate your spouse, you can apply to the court for an order for substitutional service (serving the documents through an alternative method) or dispensing with service. The court will need evidence that you have made reasonable efforts to find your spouse. These applications require careful evidence about your search efforts; a lawyer can help you put that together.

Question 26

What is guardianship in BC family law?

Accepted Answer

A guardian is a person who has parental responsibilities for a child and the right to have parenting time with them. Both parents are typically guardians. Guardianship continues after separation unless a court orders otherwise. Non-parents can also apply to become guardians in certain circumstances.

Question 27

What are parental responsibilities?

Accepted Answer

Parental responsibilities are the major decisions that guardians make about a child, including decisions about education, health care, religious upbringing, extracurricular activities, and where the child will live. These can be shared between guardians or allocated so that each parent is responsible for certain decisions.

Question 28

What is parenting time?

Accepted Answer

Parenting time is the time each guardian spends with the child. During their parenting time, a guardian makes day-to-day decisions about the child. Parenting time schedules are tailored to each family's circumstances.

Question 29

How is parenting time decided?

Accepted Answer

Parenting time is ideally agreed upon by the parents through negotiation or mediation. If the parents cannot agree, either parent can apply to the court, and a judge will decide based on the best interests of the child. [Contact our office](/contact) to discuss your options.

Question 30

What does "best interests of the child" mean?

Accepted Answer

The best interests of the child is the legal standard used for all parenting decisions in BC. The court considers factors including the child's health and emotional well-being, the history of care, the child's relationships, the need for stability, each parent's ability to meet the child's needs, and any family violence. How these factors apply depends entirely on your family's situation.

Question 31

Can a child decide which parent to live with?

Accepted Answer

A child's views are one factor the court considers, but they are not determinative. The weight given to a child's preferences depends on their age, maturity, and the circumstances. A child does not get to "choose" in a legal sense, but their perspective is taken into account.

Question 32

Can grandparents get custody or access in BC?

Accepted Answer

Under BC law, a grandparent or other non-parent can apply for contact with a child or, in some cases, to be appointed as a guardian. The court will assess whether the contact or guardianship is in the best interests of the child.

Question 33

What if my ex is not following the parenting order?

Accepted Answer

If the other parent is not complying with a parenting order, you may be able to apply to the court to enforce the order. Options include filing a contempt application or seeking a variation. Do not take matters into your own hands — contact a lawyer to discuss appropriate steps.

Question 34

Can I relocate with my child after separation?

Accepted Answer

Relocation with a child is a significant issue in BC family law. Under the Family Law Act, if you want to move with your child and the move would significantly affect the other parent's relationship with the child, you must provide notice and potentially obtain consent or a court order. The rules differ depending on the parenting arrangement. The notice and consent requirements depend on your specific situation, so getting advice early matters.

Question 35

What is a section 211 report?

Accepted Answer

A section 211 report (also known as a custody and access report) is prepared by a qualified professional and provides the court with an independent assessment of the child's best interests. It may include interviews with the parents, children, and others, and makes recommendations about parenting arrangements.

Question 36

How is child support calculated in BC?

Accepted Answer

Child support is calculated using the Federal Child Support Guidelines, which set out table amounts based on the paying parent's gross annual income, the province they live in, and the number of children. Additional section 7 expenses may also be shared between parents. [Contact our office](/contact) for a support calculation.

Question 37

Does child support end when a child turns 19?

Accepted Answer

Not necessarily. While 19 is the age of majority in BC, child support may continue if an adult child is unable to withdraw from parental care — for example, because they are attending post-secondary education full-time or have a disability.

Question 38

What if the other parent is not paying child support?

Accepted Answer

If the other parent is not paying court-ordered child support, you can register the order with the [BC Family Maintenance Enforcement Program (FMEP)](https://www2.gov.bc.ca/gov/content/family-social-supports/family-law/family-maintenance-enforcement), which has tools to enforce payment including wage garnishment, licence suspension, and other measures.

Question 39

Can child support be changed?

Accepted Answer

Yes. Child support can be varied if there has been a material change in circumstances, such as a significant change in income or a change in the parenting arrangement. Either parent can apply for a variation. [Contact our office](/contact) to discuss whether a variation is appropriate.

Question 40

What are section 7 expenses?

Accepted Answer

Section 7 expenses are special or extraordinary expenses that are shared between parents in proportion to their incomes, in addition to the base child support amount. Common examples include childcare, medical expenses not covered by insurance, extracurricular activities, and post-secondary education costs.

Question 41

What if we share parenting time equally?

Accepted Answer

If the children spend at least 40% of the time with each parent (shared parenting time), the calculation is different. Both parents' incomes are considered, and the court may set off the table amounts against each other. The actual amount depends on the specific circumstances.

Question 42

What if the other parent hides their income?

Accepted Answer

If you believe the other parent is not disclosing their true income, the court can impute income based on available evidence such as lifestyle, tax returns, previous earnings, and earning capacity. A lawyer can help you gather evidence and make the case for imputed income.

Question 43

Can child support be waived?

Accepted Answer

Child support is the right of the child, not the parents, and cannot be waived by agreement. Even if both parents agree to no child support, the court can override this if it determines the children are not adequately provided for. Parents can agree to an amount, but it should not be less than the guideline amount without good reason.

Question 44

How is income determined for self-employed parents?

Accepted Answer

Determining income for self-employed parents requires reviewing business financial statements, tax returns, and sometimes making adjustments for personal expenses run through the business. The Guidelines allow the court to look beyond the tax return to determine a fair income figure.

Question 45

Am I entitled to spousal support?

Accepted Answer

Entitlement to spousal support depends on factors including the length of the relationship, the roles each spouse played, income disparity, and whether one spouse sacrificed career opportunities for the family. Not every separated person is entitled to support. [Contact our office](/contact) for an assessment based on your circumstances.

Question 46

How much spousal support will I receive or pay?

Accepted Answer

The amount of spousal support is typically assessed using the Spousal Support Advisory Guidelines (SSAG), which provide a range based on incomes, length of relationship, and other factors. The appropriate amount within the range depends on the specific circumstances.

Question 47

How long does spousal support last?

Accepted Answer

The duration of spousal support depends on the length of the relationship and other factors. Shorter relationships may result in time-limited support, while longer relationships may result in indefinite support (though "indefinite" does not necessarily mean permanent — it means no set end date).

Question 48

Can spousal support be changed after it is set?

Accepted Answer

Yes. Spousal support can be varied if there is a material change in circumstances, such as a significant income change, retirement, a new relationship, or the recipient becoming self-supporting. Either party can apply for a variation.

Question 49

Is spousal support taxable?

Accepted Answer

Periodic spousal support payments (paid on a regular schedule) are taxable income to the recipient and tax-deductible for the payor. Lump-sum payments are generally not taxable or deductible. The tax implications should be considered when negotiating support amounts.

Question 50

What if my ex and I were not married?

Accepted Answer

In BC, common-law partners (people who have lived together in a marriage-like relationship for at least two years) have the same rights to spousal support as married spouses under the Family Law Act. The same factors are considered for entitlement, amount, and duration.

Question 51

Can I receive both child support and spousal support?

Accepted Answer

Yes. Child support and spousal support are separate obligations. Child support is calculated first, and then spousal support is assessed. When both are payable, the SSAG have a specific formula ("with child" formula) that takes child support into account.

Question 52

What if my ex refuses to pay spousal support?

Accepted Answer

If there is a court order or filed agreement for spousal support and the other party is not paying, you can register it with the [BC Family Maintenance Enforcement Program (FMEP)](https://www2.gov.bc.ca/gov/content/family-social-supports/family-law/family-maintenance-enforcement) for enforcement. [Contact our office](/contact) if you need help with enforcement.

Question 53

How is property divided when you separate in BC?

Accepted Answer

Under BC's Family Law Act, family property is generally divided equally between spouses. Family property includes most assets owned by either spouse at the date of separation. Excluded property (such as pre-relationship assets and inheritances) stays with the owner, but any increase in value during the relationship is shared.

Question 54

What happens to the family home?

Accepted Answer

The family home is family property and is subject to equal division regardless of whose name is on the title. Options include selling the home and splitting the proceeds, one spouse buying out the other, or deferring the sale for a period. The right option depends on your circumstances.

Question 55

How are pensions divided?

Accepted Answer

Pensions are family property and the portion earned during the relationship is subject to division. Pension division in BC is governed by specific legislation and usually requires an actuarial valuation. Pensions can be divided at source (splitting the pension payments) or by an offsetting adjustment to other property. Pension division is technical — a lawyer can help you understand the options for your situation.

Question 56

What about debts?

Accepted Answer

Family debts — debts incurred during the relationship by either spouse — are generally divided equally. This includes mortgages, credit cards, loans, and lines of credit. Debts incurred after separation are generally not family debt unless they were incurred to maintain family property.

Question 57

Is property I owned before the relationship protected?

Accepted Answer

Property you owned before the relationship is excluded property and stays with you. However, any increase in its value during the relationship is family property and is subject to division. Proving the value at the start of the relationship requires documentation.

Question 58

What about gifts and inheritances?

Accepted Answer

Gifts and inheritances received by one spouse during the relationship are excluded property. However, the increase in value during the relationship is family property. If the gift or inheritance has been mixed with family property (commingled), tracing may be required to determine the excluded amount. Tracing exclusions can be complex; a consultation can help you assess what's at stake.

Question 59

How are businesses divided?

Accepted Answer

If a business was started or acquired during the relationship, it is family property. Dividing a business usually requires a professional business valuation. Division can be achieved by buying out the other spouse's interest, selling the business, or offsetting against other property. Business interests in family law are one of the more complex areas — worth getting tailored advice.

Question 60

What is the deadline for making a property claim?

Accepted Answer

For married spouses, the limitation period is two years from the date of divorce or annulment. For unmarried spouses, it is two years from the date of separation. These are strict deadlines and missing them can affect your rights significantly. Contact a lawyer promptly.

Question 61

Can a court order an unequal division of property?

Accepted Answer

Yes, but only if equal division would be "significantly unfair." The court considers factors such as the duration of the relationship, whether one spouse wasted property, and the financial capacity of each spouse. Unequal division is the exception, not the rule.

Question 62

Which court handles family law in BC?

Accepted Answer

Family law matters in BC can be heard in Provincial Court (Family Division) or Supreme Court. Provincial Court handles most parenting, guardianship, child support, spousal support, and protection order matters. Supreme Court handles divorce, property division, and matters that Provincial Court cannot. [Contact our office](/contact) to determine which court is appropriate for your case.

Question 63

Do I have to go to court?

Accepted Answer

Not necessarily. Many family law matters are resolved through negotiation, mediation, or other out-of-court processes. Court is typically reserved for situations where the parties cannot reach an agreement. However, even if you negotiate an agreement, you may still need the court to approve it (for example, a consent order).

Question 64

What is a consent order?

Accepted Answer

A consent order is a court order that reflects an agreement between the parties. It is submitted to the court for approval and, once approved, has the same force as any other court order. Consent orders are commonly used for parenting arrangements, support, and other family law matters.

Family Law FAQ — British Columbia

Still Have Questions?

Getting Started

Separation

Divorce

Parenting & Guardianship

Child Support

Spousal Support

Property & Debt Division

Court Process

Protection Orders & Family Violence

Mediation & Negotiation

Working With a Lawyer

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