Family Law
Need help with a family law issue? Butterfield Law can help.
At Butterfield Law we understand family law. We are child-centered professionals who use mediation and alternative dispute resolution to avoid costly conflict. When we go to court, we use all of our experience to protect your rights.
You should always consult a lawyer before entering into any agreements. Below is a general summary of the law under the following categories:
Divorce
Common Law Relationships
Separation Agreements
Custody and Access
Child Support
Spousal Support
Divorce
A divorce in BC requires that the spouse requesting the divorce be a resident of B.C. and that the couple has lived separate and apart for at least 12 months. You can apply for a divorce on the basis of fault, i.e. infidelity, but this tends to be expensive and most people just wait the 12 months.
When you separate there are may issues to consider including division of debts and assets, spousal support, child custody and support, and many more. It is important to talk to a lawyer to determine your rights and obligations.
Common Law Relationships
In BC, a common law relationship exists if a couple has co-habitated in a marriage-like relationship for more than two years, or if they have co-habitated in a marriage-like relationship for at least one year and have a child together. The law also recognizes same sex relationships.
If you are in a common law relationship you are entitled to most of the benefits a married person would enjoy. It is important to talk to a lawyer to determine your rights and obligations.
Separation Agreements
A separation agreement is a good first step in separating from your partner. These are used by both married couples and common law couples. These agreements can range from simple custody and support agreements to complicated settlements concerning all marital issues.
Always talk to a lawyer before you sign an agreement. There are many cases where one partner sees a lawyer, drafts an unfair agreement, and then persuades the other partner to sign it. Even if you have signed an agreement, it may not be binding unless both spouses have seen a lawyer.
Custody and Access
Custody and Access are the most difficult parts of separation because the kids will have to live with one parent or the other. There are three main types of custody:
Sole Custody: This is where one parent has the sole responsibility for the children. The other parent will have various types of access ranging from liberal and generous to very restricted, supervised access.
Shared Custody: This is where the children live at least 40% of the time with each parent and both parents are responsible for the children. Many couples try this approach but find it very difficult. The courts generally do not order shared custody unless both parents interact well with each other.
Joint Custody: This is where both parents are responsible for the children but the children generally live with just one of the parents. This is the most common custody arrangement and works well even if the parents do not interact well. The access is generally liberal and generous.
Child Support
If there are children, they are entitled to receive support from their non-custodial parent. The amount is based on the non-custodial parent’s income and is not flexible except in extreme circumstances.
The custodial parent can also claim extra-ordinary expenses such as daycare and medical expenses from the non-custodial parent.
Always, consult a lawyer before agreeing on an amount of child support. Raising a child as a single parent can be very difficult especially if children do not receive the support to which they are entitled.
Spousal Support
In most cases, one spouse is financially disadvantaged by a separation. That spouse, regardless of sex, is entitled to spousal support. There are many variables in calculating the level of spousal support including length of relationship, contribution to the marriage, and many others.
It is important to talk to a lawyer to determine your rights and obligations. When you have a legal problem, knowledge is power. We have the knowledge and power to help you.
Call (250) 382-4529 today, and let our experience work for you.
Frequently Asked Questions (Family Law)
- Do I need a lawyer?
- When should I contact a lawyer?
- Can we work out our own agreement?
- My partner has threatened to take the kids and disappear. What can I do?
- My partner has assaulted me. What can I do?
- Are the home divorce kits O.K. to use?
1. Do I need a lawyer?
When your family is at stake you need to know your rights. At Butterfield Law, we offer a free consultation so that you can make the right choices.
2. When should I contact a lawyer?
As soon as possible, even if you have not told your partner you wish to separate. Knowing your rights ahead of the separation is the best way to minimize problems.
3. Can we work out our own agreement?
Yes, many of Butterfield Law’s clients work out their own separation agreements and come to us to ‘make things legal’. We make sure that the agreement is fair and that all of your rights are protected.
4. My partner has threatened to take the kids and disappear. What can I do?
Butterfield Law can seek an emergency order giving you custody of the children and preventing your partner from taking them away. Normally, we have these orders enforced by the police.
5. My partner has assaulted me. What can I do?
First, you should get to a safe place and then call the police. Butterfield Law will apply for a restraining order against your partner and, if necessary, deal with any custody issues so that your partner can not use your children as a weapon.
6. Are the home divorce kits O.K. to use?
If you have no children and very few assets, a divorce kit is usually fine. However, before you sign the agreements, you should talk to a lawyer. These agreements often miss important issues like pension benefits and unregistered assets.