When a marriage or common-law relationship ends, it can be a difficult and stressful time and may require the services of a qualified Family Lawyer in Prince George. At Dick Byl Law, we handle all aspects of family law and represent our clients to ensure they receive a fair outcome. If you need a divorce or separation in Prince George, here are some areas where we can help:
Property division can be a contentious issue in a divorce or separation, as couples may not agree on what is a fair and equitable division of assets. Variables such as the length of the relationship, how and when the property was acquired, how it was dealt with, and basic concepts of fairness all can influence how property is divided.
While some aspects of property division may be easy for couples to agree upon, other aspects may require lawyers and professional advice. The equalization process can be fraught with difficulty and the law is complex.
The parenting arrangement is a very important process because it involves the care of your children after the separation or divorce. Important child raising decisions such as education, health care, activities and so on are sorted out through a parenting arrangement.
Pursuant to both the Divorce Act and the Family Law Act, the only factor to be taken into account when sorting out parenting time and parenting responsibilites is what is in the best interests of the child. This involves the balancing of many factors, and is the subject of much judicial commentary.
In British Columbia, parents have a legal obligation to provide child support. This obligation applies to married or unmarried parents. The exact child support amount is determined by many factors including parenting time and incomes. The Federal Child Support Guidelines are applicable, but how they apply can be a highly nuanced exercise. Again, you need professional advice with respect to this. For more information on the Federal Child Support Guidelines, please Click Here
Child support is typically payable until the child turns 19, but this time frame can be extended, or sometimes truncated, depending on the circumstances.
Spousal support is money paid by one spouse to another following a divorce or separation. If one spouse earns significantly more than the other, in many cases, the lower earning spouse is entitled to support payments. The amount and duration of the spousal support depends on many factors, and the amount is usually determined by taking into account the Spousal Support Advisory Guidelines. For more information on the guidelines, please Click Here
The document was meant to simplify the issue of determining spousal support. However, this very weighty document ends with the following statement:
"For those of you who have read this document from beginning to end, we know that it has been a long and winding road to get here. The Advisory Guidelines are admittedly complex. But spousal support raises many difficult issues. There are no simple solutions and there is no "one big formula".
We at Dick Byl Law agree and endorse the statement above. While respective incomes, length of marriage, and whether or not there are children are the significant factors, many, many other issues come into the mix. Spousal support can be of very short duration, or it can be indefinite. It can be relatively light, or it can be punishing in its weight. You need professional guidance to assist you in navigating this very complicated landscape.
When couples enter a relationship and wish to address certain areas such as property division and spousal support arrangements beforehand, they may consider a marriage contract or cohabitation agreement. Having such an arrangement in place can make it easier to determine property division, spousal support and other issues that may arise should the relationship end.
If you would like to learn more about your options, please contact our office or fill out the web form below to arrange for a free 30 minute initial consultation. During your consultation, Mr. Byl will gain an understanding of the issues you are facing and help formulate a strategy to fit your needs.
Parenting arrangements or spousal support, our experts will help you.