Family law · Vancouver

Divorce litigation in Vancouver

When a separation cannot be settled, you need someone who is at home in a courtroom. I act for spouses in the Supreme Court of British Columbia on divorce, property, parenting and support.

When agreement isn't possible

Court is a last resort. Sometimes it is the right one.

I start every file by trying to get everyone around the table. Some cases still need a judge: where one side will not disclose their finances, will not negotiate, or where a decision is needed urgently.

I have practised law since 2010 and have run trials, negotiations and mediations. If your case has to be argued, it will be prepared properly and argued well.

Key time limits

Three numbers worth knowing

1 year

of living separate and apart is the usual basis for a divorce order.

30 days

is the time to file a response after you are served with a Notice of Family Claim.

2 years

after a divorce order is the limit for starting a claim to divide property or for spousal support.

General information only. Time limits depend on your circumstances, so get advice early.

What gets decided

A divorce case is usually four cases in one

Property and debt

Who keeps the home, how savings, pensions and businesses are divided, and who carries which debts.

Parenting

Where the children live, how time is shared and who makes the major decisions.

About parenting

Support

Child support and spousal support: whether it is payable, how much and for how long.

About support

The divorce itself

The order that legally ends the marriage, usually made once the other issues are settled or decided.

The process

How a case runs in the Supreme Court

Every case is different, but most follow the same stages. A case can settle at any of them.

  1. 1

    Notice of Family Claim

    One spouse files the claim that starts the case and sets out what they are asking for.

  2. 2

    Response

    The other spouse files a response, and often a counterclaim of their own.

  3. 3

    Financial disclosure

    Both sides swear financial statements and exchange documents on income, property and debt.

  4. 4

    Judicial Case Conference

    An informal, private meeting with a judge to narrow the issues and explore settlement.

  5. 5

    Interim applications

    Temporary orders about parenting, support or the home while the case is under way.

  6. 6

    Discovery

    Each side questions the other under oath and tests the documents.

  7. 7

    Settlement or trial

    Most cases end in a negotiated agreement. The rest are decided by a judge after a trial.

Most cases settle. The ones that settle well are the ones that were ready for trial.

Common questions

What people ask first

Do I have to go to court to get divorced?

Not always. If you both agree on everything, a divorce can usually be granted on paper without a hearing. Court time is for the issues you cannot agree on.

How long will it take?

It depends on how much is in dispute and on court dates. An uncontested divorce is usually a matter of months. A contested case that goes to trial can take a year or more.

Who pays the legal costs?

Each side usually pays their own lawyer as the case goes on. At the end, the court can order one side to pay part of the other's costs.

Can we still settle once a case has started?

Yes, at any stage. Starting a claim often gets negotiations moving, and many cases resolve at or soon after the Judicial Case Conference.

Get in touch

Book a free consultation

If you have been served, or think you may need to start a claim, get advice before the deadlines start to run.