Affordable Vancouver Family Lawyers

Many people hire a top lawyer to help with their claim to commercial interests. When going through a divorce, you also must discuss how assets will be allocated and distributed. Also, there are often fighting inheritances and properties held previous to the partnership.

The best family lawyers also deal with a range of planning problems at all levels of a family’s life.

This can include:

• Arranging marital and cohabitation contracts
• Preserving personal property
• Parent’s gifts
• Family trusts
• Estate and inheritance
• Insurance funds from negligence or job claims
• Protecting assets

The average contested divorce can take three to five years to resolve. We work hard to get your issue resolved in one to two years.

The average contested divorce will cost you more than $10K in legal fees. The lawyers on average can get the issue resolved for around $4K.

We try and keep things out of court if possible. You want to avoid nasty affidavits being filed in public court.

You might have damaging evidence against your spouse. However, they will likely have some things you don’t want to be made public as well.

We have a support team that makes sure the lawyers are doing a great job on your file. Many law firms don’t have support teams.

The lawyers focus on family law. Make sure whichever lawyer you hire has a ton of experience with family law. Some lawyers do real estate 40%, business law 40%, and family law only 20% of the time.

Family lawyer in Vancouver

Signing a divorce settlement can be hard. The decision to end your marriage is a difficult one. Emotions run high and may get in the way of making the essential financial and family decisions required in order for you and your spouse to get on with your lives.

You can reach a written settlement with your spouse about custody and access to your children. You can also discuss support and property division issues. This is preferable to letting a judge who does not know you make decisions.

These decisions will affect your future. It will affect the relationship you will have with your children. A divorce settlement agreement allows you to be in control. However,  there are a few things you need to know before you sign one.

You can learn more about separation agreements. If you are looking for a family lawyer in Vancouver, contact us. We can connect you with one.

Purpose of a Divorce Settlement Agreement

If you can prove there has been a breakdown of the marriage, you can file for a divorce regardless of whether or not you and your spouse have resolved financial and child custody issues.

An application to the courts in Vancouver may request a divorce and the resolution of other family issues, including:

• Child custody and support
• Spousal support
• Property division
• Allocation of debts and other financial obligations

Unless you and your spouse have a written separation or divorce settlement agreement resolving these and other issues related to your marriage, a judge will make those decisions for you after a trial and the submission of evidence from both parties.

A settlement agreement can save time by avoiding hearings on issues related to finances, property, and your children. It also allows you to be in control of the decision-making process rather than relinquishing it to a judge.

A Divorce Agreement Has Long-Term Implications

Resist the temptation to agree to something simply to make the fighting and emotional turmoil associated with a contentious divorce come to an end.

Divorce agreements and separation agreements are binding and legally enforceable contracts, so it is important to make certain it accurately reflects terms to which you are willing to be held in the future.

If you or your spouse fails to abide by the terms of the agreement, a breach of contract lawsuit can be filed asking a court to order compliance. Agreeing to something or conceding an issue simply to get the divorce over with is dangerous because you could be held to it for many years to come.

Make certain you understand the terms of the agreement before signing it. Courts are reluctant to change the terms of an agreement unless it was the result of fraud, overreaching, or some other form of misconduct on the part of one of the parties.

Agreements Must Be Based Upon Full Financial Disclosure

Money and assets are key elements of divorce agreements. Child support, spousal support, and division of assets require full disclosure of finances by each spouse.

Do not sign a divorce agreement unless you have legal advice from a lawyer. Further, you must be certain there has been full and honest financial disclosure of income, assets, and debts.

Failing to make full disclosure could be the basis for a court refusing to enforce the terms of an agreement, or a court could ignore the terms of an agreement and elect to order a different result.

For example, if child support agreed to by the parents is inadequate to meet the needs of a child, a judge could ignore the agreement. Further, the judge can order a different amount.

Get Advice from A Family Lawyer In Vancouver Before Signing A Divorce Settlement

A lawyer experienced in family law matters, including divorce and separation, can ensure that any agreement you sign covers key issues and protects your rights.

Even if you have reached an agreement with your spouse, having a lawyer review it to determine if it is in your best interest before signing it could prevent you from making a mistake that could affect you in the future.

Divorce Legal Coaching

There is a blend between self-representing and hiring a family lawyer full time. This is called divorce legal coaching. A legal coach is a lawyer that “trains” people that are going through a family law issue.

Legal Coaching Services

• Preparing for court
• Putting together a legal strategy
• Getting ready for mediation or arbitration
• The proper way to do affidavits
• Giving a list of trusted advisors (psychologists, mediators, private investigators…etc.)
• Checking an agreement that you drafted yourself
• Checking an agreement the other side created
• Teaching you the rules of the court
• Giving you the sections of the law that might apply to you can focus your reading

The lawyer provides advice, but it is up to the person being coached to make the decisions. Also, you will do most of the work, which greatly reduces legal fees.

There are a lot of people that have just a few questions that need to be answered. They want to ask general questions and they want to get to know how the divorce process works in their province.

The most common question we get asked is how to prepare for the family court. The lawyers would be happy to share their experiences with you. At any stage of your divorce process, you can contact us. We will connect you with a law firm.

The person being coached gets to decide how much they spend on coaching. This is different from the person who hires a family lawyer to take care of the matter in court.

The lawyer should be able to provide an estimate. But it is only an educated guess. With coaching, you know that if you get two hours of coaching, it will only cost you $700.

Represent Yourself In Vancouver Court

“She didn’t want alimony, we had a good agreement on support/ shared custody, and neither of us could afford a lawyer. She put us in debt before she sprang the news. Hoarded money, and so on. Then, everything went well in court until our child support agreement.

Below is some feedback.

“The judge threw it out even though we both agreed and signed a statement. He did it because he wanted to. He was an ass……Anyway, I did do a lot of free consultations with different lawyers asking different questions so I had a good idea of how to go about it….. If you can afford a lawyer and the ex is difficult, I’d say you should. If the ex is working with you (being fair about working out the details), you can save a lot of money in the short term at least, when you need it most to get on your feet. That’s my take on it, everyone’s situation is different.” – Chris

“I self-represented. My brother is a divorce attorney and pointed me in the right direction, but I did the work myself.
I ended up with 50/50 everything (assets, debts, custody, everything), no alimony. We agreed to everything in mediation except for the alimony, then she dropped that a week later and signed off on the agreement.” – Steve

“I self-represented, it wasn’t pretty at all. I got through it, don’t know what the result is yet, been waiting for judgment, it’s killing me” -Tony

Irretrievable Breakdown

Fault and no-fault divorce can be confusing. Further, breaking up is never easy. The realization that you and the person with whom you planned to spend the rest of your life can no longer remain together as a couple can be devastating.

Splitting up by living separate and apart is relatively easy to accomplish. This can be done with little required in the way of legal formalities. However, it becomes more complicated for couples that are married.

This is because a court proceeding is required to terminate the marriage. Are you married and wish to obtain a divorce to end your marriage? It is important to be familiar with the fault and no-fault grounds for divorce in Vancouver.

Fault Grounds For Divorce

A divorce terminates a marriage. Therefore, the process for accomplishing it is more complex than if you and your spouse are merely separate. Living separate and apart is a decision you and your spouse reach.

However, a divorce requires a court proceeding resulting in a court order to end the marriage.

The process for obtaining a divorce is controlled by the federal Divorce Act.

Courts are authorized to grant a divorce when there has been a breakdown of the marriage. There are three circumstances or grounds under which a court could conclude there has been a breakdown of a marriage:

• Living separate and apart for at least one year
• Adultery
• Physical or mental cruelty

Separation for at least one year is a no-fault ground. This is because it is the only one of the three grounds for divorce that does not require proof of wrongdoing on the part of your spouse in order for you to end the marriage. Adultery and physical or mental cruelty are fault grounds.

No-fault divorce

Proof that you and your spouse separated and did not live as a couple for at least a year is the least confrontational ground for divorce. This is because you do not have to produce evidence proving that your spouse did anything wrong.

It is relatively easy to prove that you lived separate and apart from your spouse. This is true if one or both of you moved from the former matrimonial home. Also, that you or your spouse established independent residences elsewhere.

Separation from your spouse can be used as the basis for obtaining a divorce. This is true even when both of you continue to reside in the same home.

The law recognizes that financial or other circumstances make it difficult at times for couples to immediately relocate to separate residences, so judges take that into consideration as long as there is proof you did not cohabit as a couple.

We can connect you to a family lawyer in Vancouver.

Impact of the fault and no-fault divorce on financial and child custody issues

Adultery and physical or mental cruelty are fault grounds for a divorce because you must prove the conduct of your spouse caused the breakdown of the marriage.

The conduct of your spouse, in order to be used as the grounds for a fault divorce, must have occurred during the marriage and not before it. In other words, the fact your spouse cheated on you while the two of you were dating cannot be used as the basis for filing an application for a divorce.

When filing for divorce using cruelty as the fault ground for it, you must prove the behaviour of your spouse was such as to make it impossible for you to continue to live together as a married couple.

The evidence must be persuasive and specific as to dates, locations, and the type of mental or physical cruelty.

As a general rule, issues pertaining to property division, child custody, child support, and access to the children are unaffected by the grounds chosen for a divorce. Your spouse’s behaviour toward you may result in an order granting you a divorce, but it may not affect the outcome of how a judge rules on other issues.

A consultation with a family lawyer in Vancouver may help

A lawyer familiar with family law and experience representing individuals in divorce proceedings can assist with questions and concerns you might have about ending your marriage. A lawyer may also be able to reach a settlement of financial and child-related issues with your spouse to avoid submitting them to a court.

Divorce – How Budgeting Helps You Prepare

We will explain in this article how budgeting helps you prepare for divorce. Even with the high rate of divorce in Canada, approximately 40 percent of first marriages end in divorce, few people are prepared for the emotional and financial impact.

The sudden realization that your marriage is over and life as a couple are about to end can be emotionally devastating, but you also must deal with living on only one income after years of being in a two-income household.

It is essential to get a firm grasp on what your income, expenses and available financial resources will be after the divorce is finalized. Setting up a budget now rather than waiting until later is an excellent way to ensure you will not struggle when living on one income.

A family lawyer in Vancouver can provide you with legal advice.

Budgeting Helps You Prepare- When should you get started?

The best time to prepare a post-divorce budget is as soon as you know your relationship with your spouse is over. You might never have felt the need for a budget, but it can help to lessen the financial impact associated with setting up a household and managing to pay your bills on a reduced income.

It also provides your divorce lawyer with guidance about your anticipated income, expenses and financial needs that could be useful when negotiating spousal support, child support and the other economic issues arising in a divorce.

Put emotions aside

Emotional upheaval is what people usually associate with the divorce process, and they are correct in many instances. Sitting down to prepare a budget is when you must put the emotions and your feelings about your spouse aside and think only in terms of income, expenses and assets.

While you’re at it, you should also forego dwelling on how you and your spouse lived as a couple. Remember, you had two incomes as a couple and each of you must now learn how to live on a single income.

Sources of income

Take into account all sources of income you expect to have available to you in the future. These might include the following:

• Wages and salary
• Pension income
• Child support
• Spousal support

Be realistic about your income. Do not include overtime or bonus payments unless they are guaranteed. Also, make sure to speak to a family lawyer in Vancouver before making any big decisions.

Expenses

The household expenses you had while married are about to change, so you need to project what you believe your post-divorce expenses will be. For example, housing becomes a factor whether

you plan to remain in the matrimonial home or buy or rent your own place. As with your income, it is essential that you be realistic about your expenses to get an accurate picture of what your financial future looks like.

The expenses you anticipate incurring after the divorce help your lawyer determine if spousal support is available.

Spousal support under the Divorce Act could be available if your income puts you at an economic disadvantage from your spouse, or it could become an expensive item if you are the one ordered to pay it.

Spousal support is intended to balance the inequities in income particularly in those situations in which one spouse remained at home or sacrificed his or her earning ability to allow the other spouse to pursue a higher-paying career.

Budgeting Helps You Prepare- A family lawyer in Vancouver can help

Gathering the financial records you need to create a post-divorce budget will also provide you with the documentation your lawyer needs to obtain a favourable settlement of the financial issues associated with a divorce.

Discussing spousal support, child support and the division of marital assets with your lawyer helps to provide information you can use in preparing the budget.

Preparing For A Divorce

Preparing for a divorce can be hard. Are you about to make the decision to get married and raise a family? Spending the rest of your lives together as a couple is not an easy decision to make.

Almost 68 percent of households in Vancouver are composed of couples united in marriage or in a common-law relationship.

Probably because they believe their marriage will last forever, few people put the same amount of thought and time into preparing for a divorce as they did planning their wedding.

Yet 40 percent of couples who get married for the first time eventually make the decision to seek a divorce. If you are thinking about getting a divorce, here are a few suggestions about how to prepare yourself for the legal process.

Preparing For A Divorce- Take the time to be sure of what you want

The responsibilities of raising a family may put a strain on the best of relationships. Financial challenges and raising children are only two of the issues that can lead to arguments and thoughts of divorce.

Before beginning the legal process to end your marriage, take some time to allow emotions to settle before moving forward with a divorce.

Jumping into a divorce right after a fight with your spouse is a mistake that is not easily undone once lawyers and courts are involved. If there is any hope of the marriage being saved, focus on reconciliation before the divorce process begins.

Gather and safeguard your records and important documents

You will be to prove ownership and value of assets you brought into the marriage. The responsibility for debts and financial obligations will need to be determined.

There might be other issues that arise in a divorce that require documentation. Get your financial records in order before there is an opportunity for them to “disappear” once the legal process begins ensures they will be available if and when needed for court.

Read more: Thinking About Splitting Up?

Protect your credit

You and your spouse might be in full agreement about ending the marriage, but you should protect yourself in the event circumstances change and become less than amicable.

One step you can take to protect your credit is to cancel any credit cards and accounts you share with your spouse. This includes lines of credit, such as home equity loans. Taking these measures might seem harsh if you and your spouse are getting along and appear to be in agreement, but they can avoid conflicts during the legal process begins.

Preparing For A Divorce- Find the right family lawyer in Vancouver

Carefully pick the lawyer who will advise and represent you in your divorce. They should be someone with the skills and knowledge gained from handling family law cases.

You also want to know your lawyer is willing to spend time to get to know you. The law needs to know the facts and circumstances of your case. This will ensure the advice, guidance and strategies are tailored to your specific situation.

Recommendations from people you know who have gone through a divorce are one method used to select a divorce lawyer, but you do not want to choose a lawyer before having the opportunity for a face-to-face consultation.

Family Lawyer Vancouver

A consultation allows you to ask questions about the lawyer’s experience handling cases with issues similar to your own. Equally as important is that you feel comfortable sharing details of your marriage and divorce with the lawyer and trust in the level of skill he or she will provide.

Securing the services of an experienced divorce lawyer early and before the legal process begins provides you with someone to answer questions and provide guidance about steps to take to protect yourself, your children and your assets.

A family lawyer in Vancouver helps you to focus on the future and prepare yourself for life after the marriage ends.