Frequently Asked
Questions

At Align Family Law, we provide our clients with a range of options for legal representation. For some clients, it makes sense to hire us to represent them in all aspects of their case and handle all issues, negotiations and document preparation. In this full representation model, you are charged for the time the lawyer spends on your family matter. We also offer flat-fee packages for certain services, such as filing for a desk order divorce, or drafting separation and cohabitation/marriage agreements when the terms are already agreed upon. Other clients may want help with only specific parts of their case, and they can pick from our menu of services on a flat-rate basis. Check out all of our payment options here.

Each situation is different, but here are the steps we generally follow:

In British Columbia, there is no such thing as a “legal separation.” You don’t have to file anything or sign a document to be separated. Separating is as simple as one party deciding and communicating to the other that the relationship is over. You can be living under the same roof and still be considered by the law to be separated.

Under the British Columbia Family Law Act, spouses are defined as people who are both married and unmarried. To be a “spouse” under BC law, unmarried people must have lived together in a “marriage-like ” relationship for two or more years, or sometimes less than two years if they have a child together. When a common-law couple separates, they don’t need to go through formal divorce proceedings, but they still need to resolve many of the same legal issues as legally married spouses do.

While common-law couples don’t need to go through formal divorce proceedings, their separation still involves the same legal considerations as a divorce, and all of the same rules apply to property division, parenting, and support. A court action can be started regardless of whether the parties were legally married (although the couple can also resolve their outstanding issues completely outside of court by way of a separation agreement).

You’re not legally required to retain the services of a lawyer in order to file for divorce. However, it can be difficult to navigate the process on your own, especially if there are contested issues, such as property division or parenting arrangements. If you’re thinking about filing without representation, at least talk to a lawyer first to get some advice.

The court will make a divorce order if it is satisfied the marriage has broken down. There are three grounds for divorce. Most divorces in British Columbia proceed on the ground that the spouses have been living separate and apart for more than one year. However, you can also file for divorce on the grounds of adultery or if your spouse was physically or mentally cruel to you. Either way, you have to show the court that you’ve made adequate support arrangements for your children.

Spousal support, or alimony as it is sometimes called, is one issue that can be negotiated during a divorce. A claim for spousal support needs to be made within two years of a divorce being granted if the parties were legally married, or two years after separation if they were common law. The Spousal Support Advisory Guidelines are used to determine how much spousal support is payable and for how long, but there are myriad factors that determine the quantum of support. A lawyer can help you determine what the best option for you is.

A separation agreement is a legally binding contract that outlines the terms of a separation, including issues such as parenting arrangements, child support, property division, and spousal support. While there is no legal requirement that you have a separation agreement in order to file for divorce in British Columbia, having a well-drafted separation agreement can provide certainty, streamline the process, and minimize potential conflict between the parties.

In mediation, a neutral third-party mediator facilitates discussions between two parties to reach mutually acceptable agreements on issues such as child custody, spousal support, property division, and other issues. Mediators usually work with couples going through a divorce, but they can help in many situations.

A cohabitation agreement is a legal contract between unmarried partners who live together or plan to live together, outlining how assets, debts, and other matters will be handled in case of separation. It is similar to a marriage agreement, but does not require the two people to be legally married.

The process involves various steps such as completing an adoption application, undergoing background checks, attending adoption education sessions, and having a home study conducted by a social worker. Once approved, the adoption must be finalized through a court order.

British Columbia offers options including domestic adoption, international adoption, step-parent adoption, and adult adoption. Each type has its own specific requirements and procedures, which our adoption lawyers can guide you through.

Adult adoption involves the legal process of establishing a parent-child relationship between an adult adoptee and an adoptive parent. This typically occurs when an individual wishes to formalize an existing parent-child relationship or provide inheritance rights. In British Columbia, a person over the age of 19 can only be adopted if they lived with the adoptive parents before they came of age.

Committeeship is a legal process in which the court appoints a trusted individual or institution (a committee) to make decisions on behalf of someone who is deemed incapable of making decisions for themselves. Committees are often family or friends of the individual. When no one is available, the court can appoint the Public Guardian and Trustee, which is an entity independent of the BC government, with offices in Vancouver, Victoria and Kelowna.