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In this blog we answered your FAQs About Family Law In British Columbia | Part 1

How Do I Get Married in British Columbia?

To marry in British Columbia, acquire a marriage license by applying in person with your future spouse at a local marriage license issuer. You must provide identification, pay a fee, and supply personal details. Post-marriage, register your union and consider surname changes if desired.

How Do I Prepare for Separation?

Preparing for separation involves a careful inventory of family property, debts, and assets. It’s crucial to know what belongs to whom and the nature of any debts, for smooth legal proceedings in the future.

How Do I Find Out if I’m Divorced?

Check your divorce status by contacting the family registry of the initiating courthouse or the Central Registry of Divorce Proceedings in Ottawa, especially if separated for a long time.

How Do I Get Divorced?

To divorce in Canada, file a court proceeding in the Supreme Court of British Columbia. This involves submitting a Notice of Family Claim and potentially other documents related to children, support, and property.

How Do I Get My Certificate of Divorce?

After the finalization of your divorce, apply for a Certificate of Divorce at the Supreme Court Registry. This certificate serves as legal proof of your divorce.

How Do I Get Out of Paying Child Support?

In Canada, biological parents are obliged to pay child support. Avoiding this duty is only possible under specific legal exceptions, such as having majority custody or equal parenting time with equal incomes.FAQs About Family Law In British Columbia| Part 1

How Do I Get Out of Paying Spousal Support?

Spousal support obligations can be mitigated or avoided by signing a cohabitation or marriage agreement that includes a waiver for spousal support claims.

How Do I Get Out of Sharing My Assets?

Asset sharing for married or cohabiting couples can be altered via a prenuptial agreement. This includes provisions for property and debts acquired during the relationship.

How Do I Start Negotiations with My Spouse?

Initiate negotiations by choosing a suitable time and fostering a cooperative atmosphere. If direct talks fail, consider mediation or legal assistance.

How Do I Start Mediation with My Spouse?

Begin mediation by mutually agreeing to the process and hiring a trained mediator. Mediation can provide a less adversarial route to dispute resolution.

How Do I Start a Collaborative Process with My Spouse?

The collaborative process requires mutual consent and involves hiring lawyers trained in this area. It’s a cooperative method focusing on negotiation and problem-solving.

How Do I Start Arbitration with My Spouse?

Initiate arbitration by agreeing with your spouse to resolve disputes through this private and binding process. Choose a qualified arbitrator to oversee the proceedings.

How Do I Hire a Parenting Coordinator?

In high-conflict or complex parenting situations, consider hiring a parenting coordinator. This professional can be engaged by mutual agreement or court order to assist in making parenting decisions.

How Do I Execute a Family Law Agreement?

Family law agreements, including cohabitation, marriage, and separation agreements, are executed by signing in the presence of a non-party witness.

How Do I Change a Family Law Agreement?

Amend a family law agreement through mutual consent, formalized in a new document specifying the changes to the original agreement.

How Do I File an Agreement in Court?

File your family law agreement in the Provincial Court or Supreme Court. This makes the agreement enforceable as a court order, particularly useful for support enforcement.

How Do I Find My Ex?

Locate your ex for legal purposes using professional services like skip tracers, private investigators, or through public resources like the Family Maintenance Enforcement Program.

How Do I Start a Family Law Action in the Provincial Court?

Begin a family law action in the Provincial Court by filing an Application to Obtain an Order. This court handles matters related to guardianship, parenting arrangements, and support issues.

How Do I Start a Family Law Action in the Supreme Court?

Initiate a family law action in the Supreme Court by submitting a Notice of Family Claim. This is necessary for matters involving property, debts, and divorce.

How Do I Waive Filing Fees in the Supreme Court?

Apply to waive filing fees by demonstrating financial inability. This involves submitting a Requisition and an Affidavit to the court.
Personal service of legal documents must be done by someone other than a party to the case, typically a process server, to ensure validity.
If direct service is not possible, apply for court permission for substituted service. This might involve methods like posting notices in public places or using media advertisements.

How Do I Change Something in My Notice of Family Claim?

To amend pleadings like the Notice of Family Claim, comply with Rule 8-1 of the Supreme Court Family Rules. Changes must be marked clearly, usually underlined in red ink. Amendments before the Notice of Trial are simpler; beyond this, consent from the other party or court permission is needed. After amending, file the document in court and serve the other side within seven days.

How Do I Stop a Family Law Action in the Supreme Court?

To discontinue a Supreme Court proceeding, the claimant must file a Notice of Discontinuance in Form F39 and deliver it to all involved parties. Note that discontinuing a case may lead to claims for court costs from the respondent.

How Do I Respond to a Family Law Action in the Provincial Court?

Respond to an Application to Obtain an Order by filing a Reply within 30 days of being served. The Reply should address agreement or disagreement with the applicant’s claims. If the application involves child or spousal support, also submit a Financial Statement.

How Do I Respond to a Family Law Action in the Supreme Court?

Upon receiving a Notice of Family Claim, respond by filing a Response to Family Claim and, if you have your own claims, a Counterclaim within 30 days. These forms must be filed in the court registry where the Notice of Family Claim was filed.

How Do I Prepare an Affidavit?

An affidavit is a sworn statement of facts known personally to you. It should be written clearly, detailing relevant facts in numbered paragraphs. Ensure every page, including exhibits, is numbered. Once completed, it needs to be notarized. Making copies for court filing and serving the other party is also essential.

How Do I Prepare a Supplemental Affidavit?

Supplemental affidavits are used to add to the evidence already submitted in previous affidavits. Ensure the numbering reflects it as a subsequent affidavit and refer to previous affidavits for clarity. Like the original, it must be notarized and copies distributed appropriately.

Pax Law can help you!

Our immigration lawyers and consultants are willing, ready, and able to assist you with any matters regarding family law. Please visit our appointment booking page to make an appointment with one of our lawyers or consultants; alternatively, you can call our offices at +1-604-767-9529.


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