Our Family Law Advocates
family law advocacy means more than legal information. It means standing beside individuals and families as they navigate complex emotional and legal challenges. We believe in empowering people through accessible guidance, compassion, and respect.
Paula
Family Law Advocacy certified, L.L.M Candidate, lawyer in Colombia.
Perla
Family Law Advocacy certified. Senior Lawyer in Mexico, with +16 years of experience in the legal field.
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Common Questions
Does living together for 5 years or more make you legally married?
No. There's no such thing as a "common-law marriage" in BC. You must go through a legal marriage ceremony to be considered legally married.
You can only become a “spouse” by applying through a government agency?
There’s no application. Spousal status depends on whether your relationship meets the legal definition.
What rights and responsibilities has a spouse?
•Be guardians of their children.
•Request parenting time and responsibilities.
•Seek spousal and child support.
•Share in family property and debt.
•Apply for protection orders.
You need to be legally married to get spousal support?
No. long-term cohabiting partners may qualify for spousal support.
what is spousal support?
Spousal support (also called spousal maintenance) is money that's paid by one spouse to the other after separation. Usually, it's paid under an agreement or court order.
The court looks at whether:
•One person stayed home or worked less to support the other’s work or studies.
•One person prioritized the other's career or moved to help their career.
•Either person will struggle to find a job due to time spent caring for children or the household.
•One person was financially dependent during the relationship.
•The breakup causes a major difference in standard of living between the two.
•One person needs temporary financial support to become self-sufficient.
After a divorce, the parent who pays child support gets to decide how it's spent?
Child support is meant to help cover the general cost of raising the child. The receiving parent decides how to allocate it.
what is child support? what is the amount based on?
Every child in BC has a right to child support. Children are legally entitled to child support from the parent who doesn't live with them. This means that one person has to give the other person money to help support the children.
Child support usually lasts until the child turns 19, but can end before or after in special circumstances.
The amount is based on the Federal Child Support Guidelines. The federal government has already set the amount of child support to be paid, and it can't be negotiated.
The amount is based on:
•how much the person paying support earns,
•how many children they have to support.
After separation, spouses can agree on parenting and support issues without going to court?
Most family law issues except for divorce can be resolved through agreements between the spouses rather than through court litigation.
If your partner cheats, they lose rights to property?
Divorce and property division are based on legal entitlements, not moral blame.
If a couple separates, who automatically gets to stay in the home?
IN MARRIAGE, BOTH SPOUSES TYPICALLY HAVE AN EQUAL RIGHT TO THE MATRIMONIAL HOME, REGARDLESS OF OWNERSHIP.
What is family property?
All property and debt acquired during the marriage is considered "family property" and "family debt.
It doesn't matter whose name the property is in. The law says it's still family property.
Family property includes: the family home, RRSPs, investments, bank accounts, insurance policies, pensions, businesses, the amount that pre-relationship property increased in value since the relationship started, and companion animals.
If your spouse dies, you're still legally married and must get a divorce?
Death ends a marriage automatically. No divorce is necessary.
Can you divorce without a separation agreement?
Yes. A separation agreement is helpful but not required.
You can get divorced without a separation agreement if there are no parenting, support, or property issues to resolve.
You can get divorced even if the other person doesn’t agree?
Yes. One spouse can file for divorce without the other’s consent, as long as legal criteria are met.
Can you separate without court documents in BC?
Yes. You are separated once you decide and act on it.
When can a separated spouse request a protection order ?
If there is risk to their safety or wellbeing. A spouse can request a protection order under the FLA if they fear for their safety, or there's a threat of violence or abuse.
What is a Protection Order?
A person who fears violence from a family member
can apply to the court for a protection order.
Protection orders are court orders made under the
Family Law Act, that protect someone from being
harmed by their family member.
NOTE: A protection order is to protect you from a family member who is likely to cause violence to you or your other family members. It is not to protect from strangers or acquaintances
What is violence by a family member?
•Physical abuse (hitting, biting, choking, kicking, etc.) or attempts to physically abuse
•Psychological and emotional abuse
•Sexual abuse
•Following or stalking
•Harassing, online or in-person
•Coercion and intimidation
•Threats against a person, pets, or property
•Damaging property
•Exposing children to family violence
Services We Provide
Parenting
We can assist you in applying to the court to address issues related to parenting time and parental responsibilities. We can also provide legal information about your rights and responsibilities as a parent, parenting plans, parenting concerns, co-parenting, and alternative ways to resolve parenting issues without going to court.
Child / Spousal Support
Whether you need to apply for a support order, change, suspend, or cancel an existing amount, we can assist you based on your specific circumstances. We provide information on spousal support, child support, how support is calculated, extra expenses, recalculation services, and BCFMA.
If you’re seeking spousal support, we recommend speaking with a lawyer first to determine the appropriate support amount.
Divorce
We can assist you with filing an uncontested divorce in Supreme Court. We also provide information about your rights in a divorce and the steps involved in the divorce process.
Please note that we do not provide representation for contested divorces.
Summary Advice
We can provide you with information and guidance about family law issues like separation agreements, property and debt, child protection, guardianship, parenting, child support, spousal support, and divorce.
We can also assist you to navigate Family Court providing assistance with the completion of required forms, court preparation and accompaniment.
Public Legal Education
We deliver free public legal education including content creation, presentations, workshops, and webinars for clients and/or members of the community.
Protection Orders
We can assist you to assess if you can obtain a protection order (P.O) in provincial court, assist you with filing the P.O application, and represent you at the P.O hearing. We can also provide you with information about Protection orders, Safety plans, and Intimate Partner Violence.
Family Law
The family law advocates provide assistance to clients in identifying legal issues related to guardianship and parenting time, child support, spousal support, separation agreements, property and debt, and child protection information and guidance. They support clients with family, civil and Supreme Court matters, including providing assistance with the completion of required forms, court preparation and accompaniment. They also assist clients to obtain access to Legal Aid.
The family law advocates also establish and deliver free public legal education workshops and webinars for clients and/or members of the community.