ClearWay Law is happy to have opened a Duncan family law firm. We noticed there is not a lot of information on the internet about divorcing in Duncan BC. We are writing this article to help educate the market about how family law and how law firms work.
When most clients come into a Duncan family law firm for the first time, they are most concerned about how much it’s going to cost. While this is important to talk about, it should take place at the end of the free consultation with the family lawyer. The most important things is do you feel confident that the divorce lawyer is a good fit for you?
Some lawyers are not great at communication and might not actively work on a file. The common stereotype about lawyers is they overbill, but some lawyers underbill. The lawyers are not actively working on the file and might be lazy.
Our CEO Alistair Vigier has not been able to understand why this happens. Either way, you are hiring a lawyer to help you with your legal issue. You need to make sure they are going to take care of the issues. The law firm should employ client care managers who ensure client’s files are being worked on.
Duncan Family Law
If you are looking for a Duncan family law firm, call us toll free 1-844-466-6529
Our law office in Duncan BC also assists people in Port Alberni, Nanaimo and Tofino with their family law disputes.
How Do I Talk to My Partner About Prenups?
Marriage agreements are important because it forces the couple to talk about important topics. Financial subjects will come up at some point in a marriage, so it’s better to talk about it before getting married. You also get to see your spouses’ true intensions around money matters before you get married. Is your spouse seeing how much they can get if you divorce? Or are they worrying about the children? Are they making sure you are supported?
Prenups (marriage agreements) are extremely important if one spouse has more money than the other. If one spouse brings wealth from before the marriage they might want to keep the family wealth apart from marital assets. Maybe they want to share everything with you. You don’t know until you talk about it. Either way, family lawyers will make sure the marriage agreement is valid. Financial disclosures also need to be provided to each partner. Each party needs to have their own lawyer (independent legal advice.)
Read more: How Do Lawyer Consultations Work?
It’s not true that living two years (in BC) and three years (in Ontario) together as common law partners gives the couple the same rights as in a marriage. Properly laws for common law disputes are much different.
Obviously discussing a possible failed marriage before a marriage starts doesn’t sound that fun. It is definately not romantic. However the fact is that the average marriage in Canada right now only lasts 13.7 years. Divorce rates in places like China are going up very fast as societal norms are changing. Most of our clients are in their 40’s or 50’s. You do not want to get financially wiped out 10-20 years before retirement. You don’t want to start your career over again at 45 years old.
How Do Law Firms Work?
In the past most lawyers worked as sole practitioners or two lawyer offices. The problem with this was that lawyers couldn’t collaborate on files. There would be no information exchange between lawyers at the same firm. Being a sole practitioner is also very expensive as the lawyer must cover all costs by themselves. Some examples of costs are rent, telephones, marketing, libraries, and other costs.
Learn more about family law on our YouTube channel.
What Is Family Law?
If you have broken up with someone or live away from the other parents, you have responsibility according to BC law. Family law involves the care of children, support payments, and the division of assets and debts.
The best solution is to work together with your spouse (or your lawyer) to write a separation agreement that both spouses sign (the other spouse needs their own lawyer.) If the spouses cannot agree, sometimes it’s a must to go to court. Other options include mediation and arbitration. It’s important to get a divorce attorney to help with this.
You must get a court order to get a divorce. Important things to consider are:
- Financial support
- Debt and assets
Family Law Act
You can either come to an agreement between yourselves or go to court if you can’t agree.
The Family Law Act applies if you are married or unmarried (common law.)
The Divorce Act only applies to you if you are married.
The Family Law Act focuses on: Dividing property, getting a protection order, and dividing assets.
The Divorce Act is mostly focused on the children and the granting of a divorce.
The Family Law Act is provincial and the Divorce Act is federal.
Provincial Court of BC
There are two different courts you might have to go to. One is called the Provincial Court of BC and the other is called the Supreme Court of BC.
Anything you can do in the Provincial Court of BC you can do in the Supreme Court.
Provincial Court is often simpler and less expensive, so some people prefer to stay there if possible.
Only Supreme Court can deal with debt, property, access, custody, adoption and finalizing a divorce.
You can deal with spousal support, parenting schedules, and child support in Provincial Court.