Families come in all shapes and sizes, and the reality is that sometimes families change. At Align Family Law, we believe that separation and the related legal processes don’t have to devolve into bitter court battles. During this challenging time, a dedicated, empathetic and skilled family lawyer like those at Align Family Law can make a significant difference in the outcome.
Victoria
Separation Lawyers
Victoria
Separation Lawyers
Families come in all shapes and sizes, and the reality is that sometimes families change. At Align Family Law, we believe that separation and the related legal processes don’t have to devolve into bitter court battles. During this challenging time, a dedicated, empathetic and skilled family lawyer like those at Align Family Law can make a significant difference in the outcome.
Our Victoria Separation Services
At Align Family Law, our services cover a broad area of the law for couples seeking to end a relationship, and resolve all related issues. Separation agreements, divorce, parenting plans, child and spousal support, division of property, and more, all fall under this umbrella.
The legal issues to be resolved for separating couples are often the same – whether they are legally married or common law. The main difference is that married couples, often after all other issues have been resolved, will need to apply to the court for a divorce.
Separation brings to mind a certain image for some people: both spouses taking the stand in a drawn-out court battle, airing their dirty laundry, and dragging their kids into the middle of it all. But it doesn’t have to be this way. We prioritize intentional co-parenting and cooperative separation agreements to achieve an outcome that’s best for 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.
Some of the services we provide include assistance with:
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
Just because you and your separating partner are “amicable” doesn’t mean you are going to agree on everything. It might take a bit of work to get there. We can help.
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Mediation
Our lawyers regularly represent clients in family law mediation, working with a third party who acts as the mediator. Alternatively, Align founder Joanne Martin is an accredited family law mediator and can serve as an impartial third party to help our clients shape an agreement that works for their family.
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Collaborative Family Law
Collaborative family law is a team-based approach to family dispute resolution. It’s a non-adversarial and voluntary process. In our model, your lawyer works collaboratively with you and the team on all issues, negotiations, and document preparation.
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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.
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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.
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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.
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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
Just because you and your separating partner are “amicable” doesn’t mean you are going to agree on everything. It might take a bit of work to get there. We can help.
LEARN MORE
Mediation
Our lawyers regularly represent clients in family law mediation, working with a third party who acts as the mediator. Alternatively, Align founder Joanne Martin is an accredited family law mediator and can serve as an impartial third party to help our clients shape an agreement that works for their family.
LEARN MORE
Collaborative Family Law
Collaborative family law is a team-based approach to family dispute resolution. It’s a non-adversarial and voluntary process. In our model, your lawyer works collaboratively with you and the team on all issues, negotiations, and document preparation.
LEARN MORE
What Our Clients Say
Our Victoria Separation Process
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 understand that going through a separation and all that it entails can be challenging. At Align Family Law, we guide you through each step of the process, focused on reaching an agreement through negotiation, mediation, and collaboration.
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.
