FAQs About Family Law in British Columbia | Part 1

To marry in British Columbia, acquire a marriage license by applying in person with your future spouse at a local marriage license issuer. You must provide identification, pay a fee, and supply personal details. Post-marriage, register your union and consider surname changes if desired.

Preparing for separation involves a careful inventory of family property, debts, and assets. It’s crucial to know what belongs to whom and the nature of any debts, for smooth legal proceedings in the future.

Check your divorce status by contacting the family registry of the initiating courthouse or the Central Registry of Divorce Proceedings in Ottawa, especially if separated for a long time.

To divorce in Canada, file a court proceeding in the Supreme Court of British Columbia. This involves submitting a Notice of Family Claim and potentially other documents related to children, support, and property.

After the finalization of your divorce, apply for a Certificate of Divorce at the Supreme Court Registry. This certificate serves as legal proof of your divorce.

In Canada, biological parents are obliged to pay child support. Avoiding this duty is only possible under specific legal exceptions, such as having majority custody or equal parenting time with equal incomes.

Spousal support obligations can be mitigated or avoided by signing a cohabitation or marriage agreement that includes a waiver for spousal support claims.

Asset sharing for married or cohabiting couples can be altered via a prenuptial agreement. This includes provisions for property and debts acquired during the relationship.

Initiate negotiations by choosing a suitable time and fostering a cooperative atmosphere. If direct talks fail, consider mediation or legal assistance.

Begin mediation by mutually agreeing to the process and hiring a trained mediator. Mediation can provide a less adversarial route to dispute resolution.

The collaborative process requires mutual consent and involves hiring lawyers trained in this area. It’s a cooperative method focusing on negotiation and problem-solving.

Initiate arbitration by agreeing with your spouse to resolve disputes through this private and binding process. Choose a qualified arbitrator to oversee the proceedings.

In high-conflict or complex parenting situations, consider hiring a parenting coordinator. This professional can be engaged by mutual agreement or court order to assist in making parenting decisions.

Family law agreements, including cohabitation, marriage, and separation agreements, are executed by signing in the presence of a non-party witness.

Amend a family law agreement through mutual consent, formalized in a new document specifying the changes to the original agreement.

File your family law agreement in the Provincial Court or Supreme Court. This makes the agreement enforceable as a court order, particularly useful for support enforcement.

Locate your ex for legal purposes using professional services like skip tracers, private investigators, or through public resources like the Family Maintenance Enforcement Program.

Begin a family law action in the Provincial Court by filing an Application to Obtain an Order. This court handles matters related to guardianship, parenting arrangements, and support issues.

Initiate a family law action in the Supreme Court by submitting a Notice of Family Claim. This is necessary for matters involving property, debts, and divorce.

Apply to waive filing fees by demonstrating financial inability. This involves submitting a Requisition and an Affidavit to the court.

Personal service of legal documents must be done by someone other than a party to the case, typically a process server, to ensure validity.

If direct service is not possible, apply for court permission for substituted service. This might involve methods like posting notices in public places or using media advertisements.

To amend pleadings like the Notice of Family Claim, comply with Rule 8-1 of the Supreme Court Family Rules. Changes must be marked clearly, usually underlined in red ink. Amendments before the Notice of Trial are simpler; beyond this, consent from the other party or court permission is needed. After amending, file the document in court and serve the other side within seven days.

To discontinue a Supreme Court proceeding, the claimant must file a Notice of Discontinuance in Form F39 and deliver it to all involved parties. Note that discontinuing a case may lead to claims for court costs from the respondent.

Respond to an Application to Obtain an Order by filing a Reply within 30 days of being served. The Reply should address agreement or disagreement with the applicant’s claims. If the application involves child or spousal support, also submit a Financial Statement.

Upon receiving a Notice of Family Claim, respond by filing a Response to Family Claim and, if you have your own claims, a Counterclaim within 30 days. These forms must be filed in the court registry where the Notice of Family Claim was filed.

An affidavit is a sworn statement of facts known personally to you. It should be written clearly, detailing relevant facts in numbered paragraphs. Ensure every page, including exhibits, is numbered. Once completed, it needs to be notarized. Making copies for court filing and serving the other party is also essential.

Supplemental affidavits are used to add to the evidence already submitted in previous affidavits. Ensure the numbering reflects it as a subsequent affidavit and refer to previous affidavits for clarity. Like the original, it must be notarized and copies distributed appropriately.