Family-law decisions can affect children, housing, finances and important personal relationships for years to come. Clear advice helps clients understand their rights, identify their priorities and make informed decisions.
We advise clients on marriage, cohabitation and separation agreements, parenting arrangements, child and spousal support, division of property and debt, as well as in litigation and through negotiated resolution. We emphasize practical resolution and offer limited-scope services where appropriate.
Marriage and Cohabitation Agreements
Marriage and cohabitation agreements allow couples to decide in advance how financial and property issues will be addressed during their relationship or if they separate.
We prepare and review agreements dealing with:
- Property brought into the relationship
- Homes, businesses and investments
- Family and excluded property
- Responsibility for existing and future debts
- Inheritances and gifts
- Ownership and use of jointly acquired property
- Spousal support
- Estate-planning considerations
- The financial consequences of separation or death
Each person should receive independent legal advice before signing. Proper disclosure and careful drafting can make an agreement more reliable and reduce the risk of a future dispute.
Separation Agreements
A separation agreement can resolve some or all of the issues arising from the end of a relationship without requiring a contested court proceeding.
Separation agreements may address:
- Parenting time and parental responsibilities
- Child support and special expenses
- Spousal support
- Division of property and debt
- The family home
- Businesses, pensions and investments
- Insurance and estate obligations
- Tax considerations
- Procedures for resolving future disagreements
We help clients obtain and assess the necessary financial information, negotiate appropriate terms and prepare agreements that clearly record the resolution.
Parenting Arrangements
Parenting arrangements may determine where children live, how parenting time is shared and who is responsible for important decisions concerning their care.
We advise clients on:
- Guardianship
- Parenting time
- Parental responsibilities
- Parenting schedules and plans
- Holidays, travel and communication
- Contact with children
- Relocation
- Changes to existing agreements or orders
- Parenting issues involving family violence or safety concerns
Under British Columbia law, parenting decisions must be based on the best interests of the child. We help clients focus on workable arrangements that address their children’s needs while recognizing the practical circumstances of each family.
Child Support
Parents have a legal responsibility to support their children. Child support commonly includes a monthly table amount and may also include contributions toward special or extraordinary expenses.
We advise on:
- Determining income for support purposes
- Guideline child-support calculations
- Shared and split parenting arrangements
- Child-care, medical, educational and extracurricular expenses
- Support for adult children
- Retroactive support
- Changes in income or parenting arrangements
- Variation and enforcement of support obligations
Business income, self-employment, corporate benefits, fluctuating earnings and incomplete financial disclosure can make support calculations more complicated.
Spousal Support
Spousal support is not automatic in every separation. Entitlement, amount and duration depend on the circumstances of the relationship and its economic consequences.
We advise both recipients and payors concerning:
- Entitlement to spousal support
- Income determination
- The Spousal Support Advisory Guidelines
- Compensatory and non-compensatory claims
- Lump-sum and periodic support
- Review and variation provisions
- Retirement and other changes in circumstances
- Tax treatment
- Enforcement of existing obligations
Spousal-support issues should be considered together with property division, child support and the parties’ overall financial circumstances.
Division of Property and Debt
Separation may require the identification, valuation and division of real estate, businesses, pensions, investments, savings and debts.
We advise clients on:
- Family property and family debt
- Excluded property
- Increases in the value of excluded property
- The family home
- Privately held companies and professional practices
- Pensions and retirement savings
- Trust interests
- Inheritances and gifts
- Property located outside British Columbia
- Preservation, sale or transfer of assets
- Financial disclosure and asset tracing
Time limits can apply to property and spousal-support claims. Clients should obtain advice before transferring property, agreeing to a division or allowing a limitation period to expire.
Negotiation and Other Forms of Resolution
A family-law dispute does not necessarily need to be decided at trial. Depending on the circumstances, issues may be resolved through:
- Direct negotiation
- Negotiation between lawyers
- Mediation
- Arbitration
- Settlement conferences
- Separation agreements
- Consent court orders
We help clients assess settlement proposals and negotiate terms that are legally sound and practically workable. Where agreement is possible, resolving the matter consensually can give the parties greater control over the outcome and reduce the financial and personal cost of litigation.
Family-Law Court Proceedings
Court proceedings may be necessary when urgent orders are required, important information is being withheld or the parties cannot reach an acceptable resolution.
We represent clients in the Provincial Court of British Columbia and the Supreme Court of British Columbia in matters involving:
- Parenting and guardianship
- Child and spousal support
- Property and debt
- Divorce
- Relocation
- Financial disclosure
- Protection orders
- Enforcement and variation of agreements and orders
- Interim and urgent applications
- Trials and appeals
We continue to look for reasonable opportunities to resolve issues while preparing the case required if a court decision becomes necessary.
Limited-Scope Family-Law Services
Full representation is not practical or affordable in every case. Where appropriate, we provide limited-scope services so clients can remain responsible for part of their matter while receiving legal assistance at important stages.
Limited-scope services may include:
- Initial advice and case assessment
- Reviewing or preparing agreements
- Reviewing or drafting court documents
- Advice concerning disclosure
- Preparing for mediation or negotiation
- Coaching for court appearances
- Advice concerning settlement proposals
- Representation at a particular application or hearing
The scope of the work is confirmed in writing so the client and lawyer understand which responsibilities each will handle.
Speak With a Family Lawyer
Family-law problems can change quickly, and delay may affect the available options. Early advice can help protect important rights, reduce uncertainty and identify a practical way forward.
Contact Columbia Valley Law Corporation to speak with a family lawyer in Invermere or Golden.