Are you looking for a Victoria BC family lawyer? Our lawyers can help you if you need a separation agreement, family law legal services, or alternative dispute resolution.
If you need a lawyer to show up in court with you, and you have a big case, our lawyers are available to help.
We also have top lawyers that are willing to take on smaller cases. The first step is to reach out to us via the phone number below.
You can also fill out one of our forms if you prefer. Once you speak to our intake and answer their questions, a Victoria BC lawyer will contact you by phone or email.
They will answer your questions and provide legal advice. You can then meet with them in person if it’s a good fit.
The most important thing in family law is making sure children are taken care of. Our top lawyers run a collaborative family law practice. This means they are against fighting things out in court.
Many people that reach out to one of our Victoria family lawyers thinking they want to fight it out in court. That is of course until they find out the cost might be $15,000. It’s much better to focus on getting a separation agreement signed.
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Many people have a difficult time-fighting in the supreme court. Also, it’s not a fun place to be. Therefore, our affordable lawyers want to make it easier to resolve your legal issue.
You want to move away from frustration and confusion, and towards a clear solution. That’s why we called ourselves ClearWay Law. We want our solicitors to show you the clear way to a solution.
Our Victoria family lawyers are ready to help you.
- Reach out to our intake team and explain your situation
- Our intake team will ask you questions
- You will speak to the lawyer on the phone or email
- You will meet with the lawyer in person
- The Victoria BC lawyer will work with you to resolve your legal matter
Our lawyers are excellent at communication. This means that instead of possibly waiting for weeks for a consultation, you can normally get help within an hour. Speed is important in family law.
Victoria Family Lawyer
Collaborative family law is a process that involves working with a lawyer to keep things out of court.
There are different ways to do this, but the most common in Canada are signing an agreement. Also, you can try mediation and possibly arbitration.
Going to the supreme court is uncertain and the costs and outcomes are unknown.
Most of the time, the parties sign an arbitration agreement saying they will not go to court. It also bans each party from hiring a litigation lawyer.
Sometimes both sides sign the collaborative agreement when working on a marriage agreement, saying in the future they will not litigate.
The main benefits of keeping issues out of court are saving money, it’s a private process, and it’s much less stressful. If you are in Victoria BC and you want to keep things out of supreme court, reach out to us. We will listen to your issues and the lawyers will put together a clear path forward.
Collaborative Family Law
If you don’t know what area of family law you need help with, you can reach out to us via live chat to see if we can help you.
If you are self-represented (you don’t have a lawyer) you might want to bookmark our blog page.
On the blog, we share lots of helpful information about the law and litigation. Most people have a difficult time when separating, and getting information is very important.
More than just knowing the law, there is also procedural law that is very complicated in the supreme court. Legal aid seems to be getting their funding cut all the time, and pro bono lawyers are often limited in the amount of time they can assist you.
Please note that our experienced lawyers do not accept legal aid, as the system (in our opinion) is too broken.
Instead, our affordable lawyers focus on getting our clients results quickly and for cheap. We use technology to be more efficient, therefore reducing the number of hours it takes us to deliver the lawyer’s client’s results.
Victoria Family Lawyer | Separation And Divorce
Do you have questions about inheritance and divorce? There are certain things that need clarification in terms of separation and divorce. One main thing that gives us confusion and concern is an inheritance. Is there a need for you to share it after divorce?
When someone passes away, all of their property and assets should be transferred to others.
Most of the time, the deceased will have executed a will to determine how their property would be distributed after death. If you’re one of the people chosen to get or receive properties from someone who already passed, this is called an inheritance.
Inheritance is turning into a recurrent topic in family law particularly in British Columbia where demographic change is evident. Therefore, it’s more common in some jurisdictions like Victoria BC where high priced real estate makes an inheritance significant.
Inheritance and Divorce
Inheritance is unlike the usual family property which can be allocated in half in terms of divorce or separation. Based on the Family Law Act, an inheritance is considered as an excluded property that’s not divided equally in terms of property division in family law claims.
If a person would like to keep an inheritance as their own personal asset, outside of the marriage, it’s never advisable to commingle the money with familial money.
This is because it could be considered one of the things that will be split evenly after a divorce. Keep it in a separate account or a trust fund, protect it as a personal asset.
Victoria Family Lawyer | Protecting your Inheritance
When it comes to property division in Canada, a person should be able to protect their inheritance if ever their marriage would end up in a divorce.
The most common way is either with an agreement made during prenuptial before getting married, and you can still do it after marriage, just make an agreement after marriage, or more commonly called a postnuptial agreement.
Agreements like pre and postnuptial should always be documented and in writing. It needs to be carefully detailed and it should stipulate the issues.
If any money that is given or gifted is involved, it should be kept separate from any transaction used in the matrimonial home.
There are cases that the money should be used for anything that involves the house after marriage. Maybe there was no document created to protect that money. That would be considered as part of the home and will be split evenly with their former spouse once the divorce is final.
The property types that are exempt from the usual 50/50 division are outlined in the Family Law Act.
The subsequent is omitted from the family property:
- Properties obtained by a spouse prior to the relationship among the spouses started
- Spouse inheritance and gifts that are given to a spouse by a third party
- An award or settlement of damages to a spouse as payment for loss or injury, unless the award or settlement signifies compensation for loss towards both spouses or income loss of a spouse
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Victoria Family Lawyer FAQ
Do I need a family lawyer?
It will depend on your situation. The best thing for you to do is to get a free consultation with a lawyer. You can then learn about the process and the costs.
Does legal aid help with custody cases?
Legal aid does cover family law cases if you are low income. Keep in mind that many clients on legal aid do not get the same attention as regular clients. Many legal aid lawyers have hundreds of clients at the same time!
Is family law provincial or federal?
It’s actually both. That is what makes it so confusing. Every province has their own provincial laws. But the Divorce Act also applies (and is federal.) You have to learn at least two Acts for family law.
What questions should I ask family lawyer?
It’s better to tell the lawyer about your case and answer the lawyers questions. Let the lawyer determine what is important in your case. They know what the courts will want to see.
At what age can a child decide where they want to live?
Each province has their own laws. There can be other complications as well if the child has a handicap. Common ages are 18 or 19 years old.
What are my legal rights in a divorce?
You have a lot. There is a provincial Act and a federal Act that determines your rights and obligations You should definately speak to a lawyer about this question.