Experienced Family Lawyer in Vancouver
Going through family changes can be one of the most difficult times in your life, especially when children are involved. Our divorce and family lawyers represent people (married or common law) with a wide range of legal needs in the area of family law. The level of complexity and conflict varies for each client, but generally, our family lawyers will resolve disputes by way of negotiation (mediation or arbitration) or litigation. Either way, our clients can expect a legal strategy that is customized to their unique financial, emotional and legal needs.
Vancouver Separation & Divorce Lawyer
For many individuals, separating or getting a divorce from a spouse is a stressful and daunting experience. People going through a separation or divorce are going through one of the hardest times in their lives. Both married couples and “common law” spouses separate when one or both individuals decide that the relationship is over and the couple stops “acting” like a couple. This usually involves a physical separation but parties may be considered separated while continuing to live in the same residence. The mandatory one-year separation period prior to divorce begins as soon as one party or the other believes the relationship is over and there is no reasonable chance it can be saved.
Separation or divorce may have important implications for issues such as spousal support and division of property such as possession of the home and the ability to remain a beneficiary to your spouse’s health plan or other employee benefits. If you have children, you will need to agree on custody and access arrangements, child support, as well as a parenting plan. It is important to be fully aware of the impact a separation or divorce can have on your rights. For these reasons, it is important to obtain experienced legal counsel to ensure your rights are protected throughout the separation or divorce process.
At Gertsoyg & Co., we provide effective legal representation during separation and divorce, tailored to the individual needs of the client. As your lawyer, we have a legal duty to ensure that there remains no possibility for reconciliation between the spouses. If an opportunity exists, the divorce process can be paused to explore guidance and marriage counseling options. Our lawyers are passionate and understanding when representing our clients, but also tough when necessary. First and foremost, our firm strives to provide a customer-centred approach to the practice of family law.
Property Division in Vancouver: What You Need to Know
For many, when going through a separation or divorce, division of property can be a very daunting and complicated situation. Family property is divided between spouses when their marital or common law relationship ends. Parties are in a common-law relationship after living together in a “marriage-like” relationship for two years. Real estate, bank accounts, investments, pensions, RRSPs, insurance policies, interest in a business, and the amount of any increase in the value of excluded property since the relationship started is considered family property. Essentially, family property is everything that you or your spouse owned separately or together on the date you separate, no matter whose name the family property is in.
It is very important to contact a lawyer soon after you separate as there can be significant consequences regarding division of family property associated with delay. At Gertsoyg & Co., we will advocate on your behalf to negotiate a fair outcome.
Child Support & Custody Laws
Children matter. To put significant weight behind that principle, legislation has established child support as the right of children. A child is not only a natural child of the parties, but may also be a step child if your spouse is said to have treated that child as their own. It takes priority over spousal support obligations if money is tight for the payor.
To encourage parents to provide for their children after separation, 100% of the payment goes to benefit the children. None of the payment is remitted as taxable income. Child support is governed by the Federal Child Support Guidelines in determining the amount of child support, in most cases.
If there is any doubt that the child support commitment will not be honoured, a judge has the discretion to refuse to grant the divorce. Furthermore, there are significant consequences to the parent who breaches an obligation to pay support. Suspension of a driver’s licence and imprisonment are two means of enforcement.
How each separated parent will be involved in their child’s life is a very important decision. The responsibility for children (guardianship) and the responsibilities the guardians have (parental responsibilities and parenting time) are decided upon for the best interest of the child, not the parents’ “rights”. The determination of custody for the best interest of the child is to protect your child’s physical, psychological, and emotional safety, security and well-being.
Protect the best interests of your child and speak to one of our lawyers before you make any final decisions about these issues.
Spousal Support & Maintenance
Separation can be financially challenging. When separating from your spouse, you may be eligible to receive financial benefits, called spousal support or spousal maintenance. Spousal support is different from child support, as it is not a right of a spouse. You may be eligible for spousal support if you were married, if you lived in a common law relationship for at least two years, or if you lived in a common law relationship for less than two years and have a child with your ex-spouse.
There are a variety of factors that determine the amount of spousal support will be paid (quantum) and for how long (duration). The intent of spousal support is to help meet the on-going financial needs of a financially dependent spouse for a defined period of time.
Spousal support can be complicated. Speak to one of our lawyers before making any financial decisions about support.
Collaborative Family Law Matters in Vancouver
- Prenuptial agreements
- Cohabitation agreements
- Estate Planning after Divorce or
- Separation
- Mediation
Frequently Asked Questions
What is the difference between separation and divorce in British Columbia?
Separation occurs when spouses decide to live apart with the intention of ending their relationship. You do not need a court order or written agreement to be considered separated, but a separation agreement can set out rights and obligations. Divorce, on the other hand, is the legal termination of a marriage and can only be granted by the Supreme Court of British Columbia. You must be separated for at least one year before applying for divorce, unless there is adultery or cruelty.
How is child custody determined in Vancouver?
In British Columbia, custody is no longer the legal term used. The Family Law Act and Divorce Act focus on “parenting responsibilities” and “parenting time.” Decisions are made based on the best interests of the child, which include stability, the child’s relationship with each parent, safety, and overall well-being. Courts and mediators aim to ensure that children have meaningful relationships with both parents where possible, unless it would put them at risk.
Am I eligible for spousal support after separation in Vancouver?
Spousal support eligibility depends on factors such as the length of the relationship, the roles each spouse played, financial need, and the ability of the other spouse to pay. If one spouse was financially dependent or sacrificed career opportunities for family responsibilities, they may have a strong claim. The Spousal Support Advisory Guidelines provide a framework, but amounts and duration are tailored to each case.
Do I need a lawyer for my divorce in Vancouver?
You are not legally required to hire a lawyer, but family law is complex, and the consequences of mistakes are long-lasting. A family lawyer can ensure your rights are protected, help negotiate fair agreements, and represent you in court if necessary. Even in amicable separations, independent legal advice is strongly recommended before signing any agreement.
What documents do I need to gather for a family law case?
Key documents typically include:
- Marriage certificate (if applicable)
- Separation agreement or prior court orders
- Financial records (tax returns, pay stubs, bank statements, property documents, debts)
- Child-related records (school reports, medical records, parenting schedules)
- Any relevant communication or evidence supporting your claims
The exact list depends on your case, but financial disclosure is mandatory in most family law matters.
How much does a family lawyer in Vancouver cost?
Costs vary depending on the lawyer’s experience, billing structure, and complexity of the case. Hourly rates in Vancouver often range from $200 to $600+. Some lawyers offer flat fees for uncontested divorces or mediation. Litigation will generally cost more due to court time and preparation. Legal aid may be available if you meet financial eligibility criteria, and some lawyers also provide limited-scope or unbundled services to help reduce costs.
