Separation & Divorce
With the end of a marriage or common law relationship (defined by the Family Relations Act of British Columbia as a marriage-like relationship of at least two years duration) usually comes a number of emotions such as disappointment, anger, uncertainty, hurt and loss. It is likely one of the most stressful events in a person’s life. Many personal issues must be dealt with and sorted out. Usually, there are many legal issues to resolve as well.
Most people generally face a multitude of legal questions, some of which they have often heard discussed in the workplace or amongst friends. Some may believe that they know the answers to most of these questions, but every situation is different and often each individual situation requires different solutions.
Some common questions include:
- Where are the children going to live? What do Guardianship, Custody and Access mean anyway? Can I move away with them?
- How much support must be paid for the children? What about all of their expenses?
- Am I entitled to financial support for myself? How much? For how long?
- What about our assets? How are they to be divided? Is it simply 50/50? Could it be different? Why?
- What about our debts?
- Who is going to live in the family home? Does it need to be sold?
- I fear that my spouse will be violent with me - how can I protect myself?
These are some of the questions that arise upon a marriage or common-law relationship breakdown. There could well be others.
What Are Your Rights?
A separation is stressful enough. Most people do not want more animosity. The goal is usually a mutually agreed upon settlement or agreement. However, you first must understand your legal rights and obligations. Only a qualified family law lawyer can give you proper advice on these issues. You should not rely on what you have heard or what you have seen happen in others’ situations.
Agreements are usually reached with the assistance of lawyers. Negotiations are often successful and can be aided with mediation when further assistance is required. Of course, some situations are simply not resolvable through negotiation and the courts need to be involved. Often immediate steps need to be taken and court applications or even a trial may be necessary for fairness to be achieved. However, most separations and divorces are resolved by agreement (most prudently written in legal Separation Agreements) but in other situations the courts are necessary because what one side believes is fair, the other side does not.
Family Law Lawyers
A qualified family law lawyer can fully explain all of your rights, obligations and options. Generally, advice at the initial stages of a family breakdown is important. You could make decisions that may prejudice your rights later. Other professionals are available to help with the personal, including emotional, difficulties that sometimes arise.
Porter Ramsay has lawyers that are qualified in the area of Family Law. They can provide you with the answers to your questions and the advice you need.
Family Law Lawyers: