Best Divorce & Separation Lawyers in Surrey

About Divorce & Separation Law in Surrey, Canada

Divorce and separation can be challenging and emotional processes, especially when legal matters are involved. In Surrey, Canada, laws surrounding divorce and separation aim to protect the rights and interests of individuals and families going through these difficult times. It is important to understand the legal procedures and requirements in order to navigate the process effectively.

Why You May Need a Lawyer

There are various situations where having a lawyer specializing in divorce and separation can be beneficial. Some common reasons include:

• Complex financial issues such as property division, spousal support, and child support
• Disputes over child custody and visitation rights
• Understanding legal rights and options in the divorce process
• Ensuring that legal documents are correctly prepared and filed

Local Laws Overview

In Surrey, Canada, divorces are governed by the federal Divorce Act, as well as provincial laws regarding property division, child custody, and support. Some key aspects of local laws in Surrey include:

• Divorce requires a showing of marriage breakdown due to separation for at least one year or adultery/cruelty
• Property division is based on the principle of equal division of assets acquired during the marriage
• Custody and access decisions are made based on the best interests of the child

Frequently Asked Questions

Q: How long does it take to get a divorce in Surrey, Canada?

A: The length of time it takes to finalize a divorce in Surrey can vary depending on factors such as the complexity of the case and whether there are disputes over issues like property division or child custody. In general, it can take several months to a year to complete the process.

Q: Can I get a divorce without hiring a lawyer in Surrey?

A: While it is possible to file for divorce without a lawyer, it is recommended to seek legal advice, especially in cases involving complicated legal issues or disputes. A lawyer can help ensure that your rights are protected and that the process goes smoothly.

Q: How is property divided in a divorce in Surrey?

A: In Surrey, property acquired during the marriage is generally divided equally between the spouses. This includes assets such as real estate, bank accounts, investments, and other belongings. Debts acquired during the marriage are also typically divided equally.

Q: What factors are considered in child custody decisions in Surrey?

A: In Surrey, child custody decisions are made based on the best interests of the child. Factors such as the child's relationship with each parent, the ability of each parent to provide for the child's needs, and the child's preferences (if they are old enough) are taken into consideration.

Q: Do I have to pay spousal support in Surrey?

A: Spousal support may be ordered in cases where one spouse earned significantly more income than the other during the marriage, or if one spouse requires financial assistance to meet their needs. The amount and duration of spousal support are determined based on various factors, including the length of the marriage and each spouse's financial situation.

Q: How can I file for divorce in Surrey?

A: To file for divorce in Surrey, you will need to complete a divorce application and file it with the court. You will also need to serve the application on your spouse and follow the required steps outlined in the Divorce Act and local court rules. It is recommended to seek legal advice to ensure that the process is done correctly.

Q: Can I change child custody arrangements after a divorce in Surrey?

A: Child custody arrangements can be modified after a divorce if there has been a significant change in circumstances that warrants a new arrangement. This could include factors such as a parent moving to a new location, changes in a parent's living situation, or concerns about the child's well-being. It is important to seek legal advice if you wish to modify custody arrangements.

Q: What is the difference between legal separation and divorce in Surrey?

A: Legal separation is a legal process that allows couples to live apart while still being legally married. In a legal separation, issues such as property division, child custody, and support can be addressed without officially ending the marriage. Divorce, on the other hand, is the legal dissolution of a marriage, which severs the marital ties between the spouses.

Q: Do I need a separation agreement in Surrey?

A: While not required by law, having a separation agreement can help clarify important issues such as property division, spousal support, and child custody. A separation agreement can provide a clear understanding of each spouse's rights and responsibilities during the separation period and beyond.

Q: How can I find a reputable lawyer for divorce and separation in Surrey?

A: To find a reputable lawyer specializing in divorce and separation in Surrey, you can ask for recommendations from friends, family, or other professionals, such as therapists or financial advisors. You can also search online for lawyers with experience in family law and read reviews from previous clients to help you make an informed decision.

Additional Resources

For more information and resources related to divorce and separation in Surrey, you may want to contact the following:

• Surrey Family Justice Centre
• Legal Aid BC
• Family Law Resource Centre
• BC Family Justice

Next Steps

If you are facing divorce or separation in Surrey and need legal assistance, the first step is to consult with a qualified family law lawyer who can provide guidance on your rights and options. It is essential to understand the legal processes involved and ensure that your interests are protected throughout the proceedings. Don't hesitate to reach out for help and support during this challenging time.