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Divorce and separation are subjects that are part of Family Law in Vancouver, Canada. This legal domain encompasses a variety of matters including separation agreements, divorce, child custody and access, child and spousal support, and property division. In Canada, divorces are granted by the federal government, but the provinces and territories are responsible for the processes leading to a divorce.
If you're going through a divorce or separation, having proper legal guidance is critical. An experienced lawyer can help you understand your rights and responsibilities under the law. Situations that particularly require a lawyer include: disagreements over distribution of property, custody or support disputes, and complications involving physical or substance abuse. Legal representation can help you to fairly resolve these issues and navigate the intricacies of the legal process.
In Vancouver (like all of British Columbia), family law is governed by the Family Law Act. This includes provisions related to property division, support, child custody and access. Under this Act, both married and common-law partners have specific rights during a separation or divorce. Generally, property obtained during the relationship is shared equally. Child and spousal support is determined by several factors including income, length of the relationship, roles during the relationship, and the needs of the children.
Depending on the complexity of the case, a divorce can take from a few months to several years. It typically takes at least one month to obtain a divorce order once all paperwork has been filed with the court.
Separation occurs when a couple live apart and intend to stay separate. Divorce is the legal termination of a marriage. In a divorce, the court grants a 'divorce order' which legally ends the marriage.
Yes, it is possible to navigate the divorce process without a lawyer. However, it’s advisable to consult a lawyer especially if there are contentious issues like custody disputes or significant property division.
Equal shared parenting refers to a situation where both parents equally share the responsibility of parenting and physical custody of the child.
According to Family Law Act, both spouses typically share equally in any property acquired during the relationship, unless an agreement or court order says otherwise.
The Ministry of Attorney General BC has resources for family law meaningful to individuals going through a divorce or separation. Legal Aid BC also provides a wealth of information and assistance for those needing legal advice and access to justice.
If you need legal assistance in a divorce or separation, first gather all relevant documentation such as marriage documents, financial statements, and details of shared property. Then consult a family lawyer who can advise you on the best course of action based on your circumstances. They can guide you through the process, reducing stress and uncertainty.
