Contested and Uncontested Divorce
Our Vancouver divorce lawyers have handled many divorces not only when both parties are in BC but also when one of them is overseas.
Our goal is to end your divorce with minimal stress. We will propose property distribution, child support, and a child-rearing schedule that will be fair to both the client and the other party.
Common Divorce Process at Specht and Pryer:
1. Consultation.
2. Ask the client to fill out a checklist.
3. Preparation and submission of Notice of Family Claim.
4. Serve Notice of Family Claim to the other party.
5. If there is no Response from the other party within 30 days, go to the next step.
6. Preparation and submission of the second set of documents.
7. Requesting a Certificate of Divorce after receiving a final order from the court.
Please contact us when you receive a Notice of Family Claim from your separated spouse. It’s difficult to tell if the terms are fair for you and your child from a court document. Let us help you to protect your rights.
Read Also:
Contested divorce vs Uncontested divorce in BC
Marriage Agreements
A marriage agreement is a contract that sets out the conditions under which the relationship ends. This can be done at any time before marriage, during the marriage, before cohabitation, or after cohabitation.
Content mainly includes:
● The date the marital relationship began
● Distribution of property, such as houses received from parents
● How to divide debt
If you are going to start living with a person you have a relationship with, we recommend that you consider making a marriage agreement. Under BC family law, if you have lived together for two years in a relationship that is similar to being married, you are considered common law spouses, even if you are not married.
We also review agreements prepared by other lawyers.
Separation Agreements
A separation agreement is a contract that sets out the conditions for separation. You can minimize unnecessary disputes when both parties sign the agreement.
Content mainly includes:
● Distribution of property, such as houses received from parents
● How to divide debt
● Amount and duration of spousal support
● Custody and Guardianship
● Child Support
● Parenting schedule
● Date of Separation and Marriage
A separation agreement is required if you have a child or children.
We also review and advise on separation agreements written by other lawyers.
Other Family Law Issues
We also handle other cases related to divorce, marriage, and children, for example:
● Common Law Declaration
Clients request this document in order to prove their relationship in a country where the common law system is not recognized.
● Division of Property
Are you divorcing with houses or condos that were gifted from your parents? Did your parents help you to buy a property when you got married? Your parents may have a claim against that property.
● Custody and Parenting
Changing the parenting arrangements detailed in separation agreements can be challenging especially when the other party is not cooperative. However, it is possible to alter these arrangements.
● Child Support
Child support is generally determined by the parents’ declared income but other factors can be considered to help determine your spouse’s income.
