We provide strategic advice and compassionate support when families need it most.

What we can help you with.

  • Whether you are married or a common-law spouse, the end of the relationship is deemed to be a separation.

    In BC, the date of separation is generally considered to be the date when one spouse coveys to the other spouse, either through words or actions, of their intention to end the relationship permanently.

    Two spouses can be separated but still be living in the same home.

    If you are married and you have separated from your spouse, you must take the additional step of legally ending your marriage by applying for an order for divorce from the Supreme Court of British Columbia. You must have been separated from your spouse for at least one year before a court will grant you a divorce. Also, if you have children, you must prove to the court that you have an arrangement in place with your ex-spouse (either by way of a separation agreement or a court order) for the care and financial support of the children, as the court will not grant the divorce until they are shown a copy of the agreement or order.

  • Separation and divorce can be a profoundly difficult time, especially if there are children involved.  Our goal is to help you consider the needs of the children first. We will guide you through difficult negotiations and decisions around issues such as living arrangements, parenting schedule, how decisions are made, and what happens when there are safety concerns.

    For a child, few experiences are as painful as being caught in the middle of parental conflict. A settlement focused or collaborative family lawyer will help families navigate separation in a way that protects children and create healthier long-term outcomes. Involving the help of parenting coaches and child specialists can further ensure your child’s needs remain at the centre of every decision.

    Be careful about agreeing to parenting arrangements before speaking with a lawyer, because once you have agreed to something, it can be very difficult to change.

  • Being a guardian means having the right to stay informed about important issues affecting your child, and being involved in decision-making regarding your child. In BC, we call these bundle of rights “parental responsibilities,” which includes making decisions regarding schooling, medical/dental issues, extra-curricular activities, applying for your child’s passport, etc.

    There are various ways to structure the exercise of parental responsibilities to facilitate cooperation between separated parents.

    Parental responsibilities are defined by the Family Law Act, SBC 2011, c 25, s 41 as follows:

    • making day-to-day decisions affecting the child and having day-to-day care, control and supervision of the child;

    • making decisions respecting where the child will reside;

    • making decisions respecting with whom the child will live and associate;

    • making decisions respecting the child's education and participation in extracurricular activities, including the nature, extent and location;

    • making decisions respecting the child's cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an Indigenous child, the child's Indigenous identity;

    • subject to section 17 of the Infants Act, giving, refusing or withdrawing consent to medical, dental and other health-related treatments for the child;

    • applying for a passport, licence, permit, benefit, privilege or other thing for the child;

    • giving, refusing or withdrawing consent for the child, if consent is required;

    • receiving and responding to any notice that a parent or guardian is entitled or required by law to receive;

    • requesting and receiving from third parties health, education or other information respecting the child;

    • subject to any applicable provincial legislation,

    • starting, defending, compromising or settling any proceeding relating to the child, and

    • identifying, advancing and protecting the child's legal and financial interests;

    • exercising any other responsibilities reasonably necessary to nurture the child's development.

  • Child support is broken down into basic support pursuant to s. 3 of the Federal Child Support Guidelines, and support for special and extraordinary expenses pursuant to s. 7 of the Federal Child Support Guidelines. To calculate basic support, visit the child support calculator.

    Special and extraordinary expenses are generally shared proportional to each parent’s income and include the following:

    • child care expenses incurred as a result of the custodial parent’s employment, illness, disability or education or training for employment;

    • that portion of the medical and dental insurance premiums attributable to the child;

    • health-related expenses that exceed insurance reimbursement by at least $100 annually, including orthodontic treatment, professional counselling provided by a psychologist, social worker, psychiatrist or any other person, physiotherapy, occupational therapy, speech therapy and prescription drugs, hearing aids, glasses and contact lenses;

    • extraordinary expenses for primary or secondary school education or for any other educational programs that meet the child’s particular needs;

    • expenses for post-secondary education; and

    • extraordinary expenses for extracurricular activities.

    The calculation of child support becomes more complex in the following situations:

    • If one or both parents are self-employed;

    • If the paying parent is underemployed;

    • If the paying parent is overseas;

    • If the paying parent’s income is over $150,000 a year;

    • If there is a shared parenting arrangement; or

    • If one parent is seeking retroactive child support.

  • Upon separation, each spouse generally has a claim to family property, which can include property solely in one spouse’s name, and will also each bear responsibility for family debts, which can also include debts solely in one spouse’s name.

    There are exceptions to this rule, which includes portions of gifts, inheritances, or assets that pre-date the relationship.

    We have extensive experience in helping clients calculate and negotiate property and debt division. We also work with a wide range of trusted experts to help you make informed decisions, including real estate appraisers, pension valuators, realtors, tax or corporate lawyers, and accountants.

  • Spousal support is money that is sometimes paid by one spouse to the other after their relationship ends.

    A very common misconception is that spousal support is mandatory after a breakup. In reality, spousal support is not guaranteed in every case. The spouse seeking spousal support must first prove they are entitled to spousal support.

    The two most common reasons why a spouse could be entitled to support are:

    • because of financial need, or

    • because of sacrifices the spouse made during the relationship that impacted that spouse’s career or ability to earn an income.

    Once entitlement is established, the Spousal Support Advisory Guidelines provide guidance on the potential amount and duration of support that could be owed. There is also a free online spousal support calculator.

    There are many different factors that determine whether or not a spouse is entitled to spousal support, as well as the amount and duration. We invite you to consult with one of our lawyers to see how spousal support could affect your situation.

  • For any other family law situation, please do not hesitate to contact us if you have a family law related issue that is not specifically mentioned on our website. Family law covers a large number of topics, and we would be happy to see if we can assist you with your situation. Some of these other topics may include:

    • Pets and who takes them in the event of separation

    • Protection Orders (also known as Restraining Orders)

    • Things to think about before separating or moving out of the home

How we can help you.

  • Mediation is a voluntary process in which a neutral third party helps separating or divorcing parents negotiate and reach mutually acceptable agreements on issues such as child custody, access, and support.

    As mediators with a background in family law, we sit down with both parties to guide you towards resolution of your family law matters. Together, we work through issues surrounding guardianship, parenting, child support, spousal support, and property division.

    The final goal in our work together is to reach an enduring agreement, but it is also our hope that through the mediation process, all parties will develop confidence in their ability to work through future conflicts and challenges on their own.

    The mediation process is favourable as it can:

    • Move at a pace that is comfortable for all parties, which is generally a lot faster than the court process,

    • Be very cost-effective as the mediator’s hourly rate is shared between all parties,

    • Offer more certainty and control as we can take advantage of creative options that wouldn’t be available through the court process, and

    • Ensure confidentiality.

    We strive to create a safe environment that is dynamic and conducive to settlement and resolving disputes. You can expect the following to get the process started:

    • A conflict check requiring each party’s full legal name.

    • If there is no conflict, each party will be given an Intake Sheet to fill out and an hour initial meeting between the mediator and each party will be scheduled for the mediator to determine the suitability of mediation, explain the mediation process, and answer questions the parties may have regarding mediation. This initial meeting is optional if the parties are represented by lawyers.

    • If you would like to proceed with retaining the mediator, all parties will be sent the Mediation Agreement to sign, as well as instructions to make the Retainer Fee payment.

    • All parties will be asked to seek Independent Legal Advice from a family lawyer in preparation for the mediation, if they are not attending mediation with a lawyer.

    • A pre-mediation meeting will be scheduled between the mediator and each party separately, where the mediator will seek to gain in-dept insight into the parties’ situation and confirm that the parties are suitable and prepared for the mediation session(s).

    Once a final resolution has been reached, the mediator will prepare the Agreement.  If the parties do not attend mediation with lawyers, they will then need to return to their respective lawyers for independent legal advice on the agreement and to sign with their lawyer.

    Situations that may be appropriate for mediation include:

    • Two people who need help working out the terms of a Marriage or Cohabitation Agreement (sometimes known as a prenuptial agreement)

    • Families who need assistance working towards a comprehensive Parenting Plan

    • Parties who have complicated financial circumstances or incomes

    • Parties who have oversea assets

    • Parties who have interest in corporations

    If you are unsure whether mediation is suitable in your situation, contact us and schedule a brief phone call with Nancy Chen.

  • Marriage, Cohabitation, Prenuptial Agreement

    You and your spouse can decide, through a comprehensive agreement before or during the relationship, how the two of you wish to manage your finances and recognize excluded property or financial contribution from other family members.

    For example, Joe and Jane are getting married. Joe’s parents decide to help them out with a down payment on a new home. However, it is important to Joe’s parents that the down payment is repaid to them if the relationship does not work out. The most secure way to make sure that the down payment is repaid to Joe’s parents if the relationship fails is for Joe and Jane to work out and sign an agreement.

    Another scenario where an agreement will be important is if Joe’s parents purchased a condo in Joe’s name prior to Joe’s relationship with Jane and the parties agree to specify that the condo, including the increase in value of the condo during the relationship, continues to be Joe’s excluded property.

    Cost: It can cost approximately $1,500 to $2,500 to prepare a cohabitation/marriage agreement. This includes the drafting of the agreement, reviewing it with you, completing any revisions, and signing it with you. This cost can vary based on whether the other party requests any further revisions, or if certain terms need to be re-negotiated.

    Separation Agreements are contracts which are made when the relationship has ended and can be made between spouses (either by marriage or common-law relationship). A separation agreement outlines the specific provisions of what your separation looks like from a material standpoint. In other words, a separation agreement details your rights and responsibilities regarding the division of shared property and debt, guardianship/custody and access, and in some cases, financial support of or from your former partner.

    The cost of preparing a separation agreement starts at a minimum of $2,000. This includes drafting the agreement, reviewing it with you, completing any revisions, and signing it with you. This cost can vary based on whether the other party requests any further revisions, or if certain terms need to be re-negotiated.

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    Regardless of which agreement you might need, keep in mind that a strong agreement requires the following elements:

    • Financial disclosure;

    • The signing parties understand the legal implications of the agreement;

    • The parties are entering into the agreement voluntarily; and

    • The agreement itself is not significantly unfair.

  • Collaborative family law is a way for spouses, lawyers, and mental health professionals to work together as a team in a safe, dignified and supported environment towards a cost-effective and enduring resolution. Unlike the court system, spouses retain control of the process and outcome.

    When the word divorce or separation comes up, many imagine lengthy court proceedings that are wildly uncertain and expensive. The reality is that there are qualified professionals who are trained to help provide an alternative to the court process. The following outlines the typical steps involved in the collaborative law process:

    Both parties agree to use the collaborative process

    • Each party retain a collaboratively trained lawyer.

    • Parties consult with collaborative experts such as counsellors, financial specialists and child specialists accordingly.

    • Each party retain their respective collaborative expert.

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    Sign the Participation Agreement

    • Each party will not commence a court action while in the process.

    • Each party will make full financial disclosure.

    • All communications are confidential until a written separation agreement is signed.

    • Neither of the collaborative lawyers can represent the parties in subsequent contested court proceedings.

    • A lawyer must terminate the process if his or her client refuses to provide the financial disclosure requested.

    • The parties will make best efforts to communicate in a respectful manner.

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    Financial disclosure

    • Discussions and negotiations throughout the process will remain private and confidential amongst the collaborative tea.

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    Reaching an agreement

    • Collaborative lawyers will confirm the terms of the settlement reached in a separation agreement.

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    If a resolution is not reached

    • Parties must retain new lawyers and seek resolution in another process.

    • All discussions and negotiations in the collaborative process are confidential and cannot be used in any way by a in subsequent court proceeding.

  • Litigation refers to the formal court process used to resolve disputes arising from family relationships when parties cannot reach agreement through negotiation or alternative dispute resolution.

    Sometimes, you may have no choice but to enter our court process (i.e., when you have been served with a Notice of Family Claim). You may have exhausted attempts to engage your spouse in out-of-court processes like mediation, collaborative family law, or settlement discussions.

    Even if you find yourself in the court process, do not panic. We can support you through the various twists and turns. The court process can be broken down into these basic general steps:

    • A claim is started

    • Exchange financial disclosure in the form of a comprehensive outline

    • Attend a settlement case conference before a master or judge

    • Exchange documentary evidence

    • Obtain oral evidence

    • Trial  

    From the commencement of a claim until a judge grants a final order on the matter, you and your spouse can decide to settle. In fact, most family law cases settle in advance of trial. And from the commencement of a claim until trial, you or your spouse can bring urgent or non-urgent applications to deal with interim issues, such as:

    • Seeking a preservation order (such that one party is not allowed to dispose of, transfer, or sell any property without further court order or the parties’ agreement)

    • Seeking an order for non-removal of a child from a particular jurisdiction

    • Seeking an order to deal with interim parenting issues (such as parenting time, allocation of parental responsibilities, child support)

    • Seeking an interim order for spousal support

    • Seeking an order for exclusive occupancy of the family residence (in other words, for the other party to move out)

    Given the costs of trial and the court process in general, it is important to weigh the value of taking (or not taking) certain steps and keep in mind that the end goal is to come to an equitable resolution.

  • A family lawyer can represent you in court and communicate with the opposing side on your behalf (full representation), or they can help you in the background only as a legal advisor. This second method is known as a limited retainer, or unbundled legal services.  

    In a limited retainer or unbundled arrangement, the lawyer will only help you when you ask for their help. You represent yourself in court, and you communicate with the opposing side yourself. However the lawyer can help you prepare any court documents, draft the content of letters or settlement offers, and answer any questions you may have.

    The advantage of this arrangement is that it can be significantly less expensive than having a lawyer represent you fully, since you can choose the tasks you want assistance with according to your needs and budget.

    At any point during your family matter, you can ask your lawyer to switch from full representation to being on a ‘Limited Retainer’, and they will continue to support you in the background, in any way that you require. Likewise, you can also start out with a limited retainer arrangement, and then switch to full representation later on if it is more appropriate.

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