Divorce in British Columbia

Editor's Notes

1. If you'd asked me that question a few years ago, I would have answered, "Maybe." In more recent decisions, courts have been very supportive of these agreements. Our society wants people to be able to rely upon the agreements that they make with each other, and that is expressed through case law. Read more.. http://www.divorcemag.com/BC/faq/legalzack3.html
2. It depends on where you live! For example, the Saskatchewan Queen's Bench requires that spouses attend a mandatory information session about mediation. Or, if you live in Nanaimo, British Columbia, one spouse can force the other spouse to go to divorce mediation. Read more.. http://www.divorcemag.com/BC/faq/medzutter2.html
3. The simple answer is: not necessarily. If there are no assets, no children, and fairly similar incomes, one could get divorced without using counsel. But having said that, it's always best to consult with a lawyer, especially if there are children. Read more.. http://www.divorcemag.com/BC/faq/legalzack.html
4. Child support is now determined by reference to the federal child-support guidelines. Since 1997, we have had tables provided under that legislation that prescribes what child support should be, based upon the income of the paying party, and there are tables for one child, two children, etc. Read more.. http://www.divorcemag.com/BC/faq/legalzack2.html
5. In most cases, the biggest financial costs of a divorce are the lawyer's billable hours, court costs, and a settlement that has not been modeled so that you could see its potential impact. Read more.. http://www.divorcemag.com/BC/faq/financialdavis.html
6. Mediation is a process that comes under the umbrella of alternate dispute resolution, in which the parties -- or if the party's represented by counsel, the counsel on behalf of the parties -- retain a neutral third party, typically a lawyer, who has the role of attempting to facilitate settlement between the parties. In our firm, Larry Kahn is an experienced mediator whom lawyers and clients retain on an extensive basis. Read more.. http://www.divorcemag.com/BC/faq/medzack.html
7. The collaborative process is a relatively new method of dispute resolution in family law. The centerpiece of collaborative law is the signing by two spouses and their lawyers of what's referred to as a collaborative-law participation agreement. In it, the parties agree to negotiate with each other in good faith and respectfully, children's rights are promoted, and the parties agree not to go to court. Read more.. http://www.divorcemag.com/BC/faq/legalzack4.html