Skip to main content
Kimberley

Separation Lawyers

At Align Family Law, we know from experience that families can come in all shapes and sizes. And those shapes and sizes can change. We believe that separation and everything that entails doesn’t have to be a painful experience. A dedicated, empathetic and skilled family lawyer like those on our team can help you achieve the best outcome for you and your family with the fewest growing pains.

Kimberley

Separation Lawyers

At Align Family Law, we know from experience that families can come in all shapes and sizes. And those shapes and sizes can change. We believe that separation and everything that entails doesn’t have to be a painful experience. A dedicated, empathetic and skilled family lawyer like those on our team can help you achieve the best outcome for you and your family with the fewest growing pains.

Our Kimberley Separation Services

At Align Family Law, our range of services extends across various legal domains for separating couples and associated matters. From separation agreements to divorce, parenting arrangements, child and spousal support, division of assets, and beyond, we offer a wide range of support.

The legal matters separating couples face often share similarities, whether they are married or in a common-law relationship. The primary distinction lies in the fact that married couples, typically after resolving other issues, must seek court approval for a divorce.

You might picture a specific image when you think about separation: a protracted courtroom battle where both spouses air their grievances and involve their children. It doesn’t have to be that way. We prioritize deliberate co-parenting and collaborative separation agreements to achieve outcomes that serve the best interests of our clients and their families.

Ariane and her team were an absolute pleasure to work with! I am thoroughly impressed with Ariane's absolute professionalism and mindful approach to resolution. I felt totally heard and supported and I am so impressed by her knowledge and passion. On a personal level for me, Ariane is a wonderful example of a strong woman with balanced boundaries who is respectful to all parties involved and thoughtful in practice. I have learned so much through this process and feel so fortunate for this experience with Ariane and Align Family Law.”

Kimberly O.

We offer a range of services:

Parenting Arrangements

This encompasses guardianship, parenting time, and the allocation of parental responsibilities.

Child Support

This involves financial support provided by one parent to the other for the upbringing of their child, covering regular support as well as a portion of additional expenses.

Varying Child support

As circumstances change, parties are obligated to revise child support arrangements continuously.

Spousal Support

Financial support provided by one spouse to the other to assist with daily expenses or to compensate for financial disparities resulting from decisions made during the relationship.

Property and Debt Division

Assets accumulated during the relationship are typically divided equally upon separation, with exceptions based on individual circumstances.

Relocation

Post-separation, parents may consider relocating, but certain legal obligations apply, including providing written notice to the other parent, with outcomes influenced by existing parenting arrangements and the reasons for relocation.

Paths to Resolution

Our Family Law methodology emphasizes collaboration and cooperation whenever feasible. At Align Family Law, you retain control over the process of your separation at all times.

Negotiation

Even in amicable separations, reaching agreements may require effort, and we’re here to facilitate that process.

LEARN MORE

Mediation

Our legal team routinely represents clients in family law mediation, working alongside impartial third-party mediators. Additionally, our founder, Joanne Martin, is an accredited family law mediator and can serve as an unbiased mediator to help craft agreements suitable for your family.

LEARN MORE

Collaborative Family Law

This approach involves a team-based resolution method that is non-adversarial and voluntary, where lawyers work alongside clients and other professionals to address all aspects of the dispute.

LEARN MORE

Litigation

Should the need arise, our team is equipped to represent your family matter in court.

LEARN MORE

Paths to Resolution

Our approach to Family Law involves collaboration and cooperation where possible. And when you work with Align Family Law during your separation, you get to decide the process.

Negotiation

Even in amicable separations, reaching agreements may require effort, and we’re here to facilitate that process.

LEARN MORE

Mediation

Our legal team routinely represents clients in family law mediation, working alongside impartial third-party mediators. Additionally, our founder, Joanne Martin, is an accredited family law mediator and can serve as an unbiased mediator to help craft agreements suitable for your family.

LEARN MORE

Collaborative Family Law

This approach involves a team-based resolution method that is non-adversarial and voluntary, where lawyers work alongside clients and other professionals to address all aspects of the dispute.

LEARN MORE

Litigation

Should the need arise, our team is equipped to represent your family matter in court.

LEARN MORE

Other Separation Services

Divorce

At Align Family Law, we use a collaborative approach to help people all around British Columbia minimize the emotional and financial toll of separation and divorce. Our goal is to help you move beyond your separation. Together, we can create a plan for the path forward.

LEARN MORE

Agreements

At Align Family Law, we are committed to helping clients reach resolutions through a collaborative approach, and we have years of experience successfully helping people throughout British Columbia chart their path forward.

LEARN MORE

2SLGBTQI+

Whether you’re going through a divorce or ending a common-law marriage, lesbian, gay, bisexual, transgender, queer, intersex, two-spirit, and all other individuals who belong to the 2SLGBTQI+ community deserve compassionate and committed legal representation.

LEARN MORE

What Our Clients Say

Our Kimberley Separation Process

STEP ONE:

Call our office to schedule your initial consultation.

STEP TWO:

We’ll listen to your story, clearly set out your options so you can determine your best next steps.

STEP THREE:

Together, we’ll get to work resolving the issues and getting you started on your next chapter.

Frequently Asked Questions

Do I need a lawyer for my separation?

While it’s possible to navigate a separation without legal representation, it’s not advisable. There are many things to consider during a separation, and it’s important to have an experienced family lawyer by your side to make sure you are fully aware of all your rights and responsibilities, and that you achieve the best outcome for you and your family.

Do I need to be “legally separated”?

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.

What is a common-law marriage?

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.

How does a common-law separation work?

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).

What if we have children, but were in a relationship for less than 2 years?

If the parents do not intend to be in a relationship, they must make decisions regarding guardianship, parenting time, child support, and parental responsibilities.

How is parenting time determined in a British Columbia separation?

In British Columbia, the courts assume that, all other things being equal, children should spend as much time as possible with both of their parents. When each parent has at least 40% of the time with the child, this is called “shared parenting.” Through a parenting plan, separation agreement or court order, you and your child’s other parent will need to agree on how to share decision-making responsibility and parenting time.

Contact Our Separation Lawyers Today

We get it – separation and everything surrounding it is a challenge. But at Align Family Law, we walk you through that challenge, determined to reach an agreement through negotiation, mediation, and collaboration. Contact us today to schedule a call.

Contact us today to schedule a call.

Are you looking for a family lawyer?

We have offices in Victoria, Kimberley and Vancouver and can assist clients anywhere in British Columbia.

Fill out our form and an Align Family Law team member will contact you within one business day to schedule your Zoom call with a British Columbia family law lawyer.

Find out if we’re the right fit for you: