Frequently Asked Questions

Find answers for your questions on…

Separation & Divorce

  • Most family law matters in BC can be resolved outside of court through mediation, negotiation, collaborative divorce, and/or the drafting of a separation agreement. A formal divorce (applied for after one year of separation) does require a court order — but most uncontested divorces can proceed without attending court in person.

  • In mediation, a neutral third party helps both people reach agreements together. In collaborative divorce, each person has their own collaboratively trained lawyer and everyone works cooperatively toward resolution outside of court.

  • It varies. Timelines depend on things like communication between the parties, the complexity of finances, parenting arrangements, and how quickly agreements can be reached. Rebecca’s availability is good, given her calendar is not clogged with court appearances.

  • Yes. If both parties can reach agreements on the key issues, a separation agreement can typically be prepared without any court involvement. It may be filed with the court for enforcement purposes or as part of the desk order divorce process.

  • A streamlined process that allows eligible couples to obtain a divorce order without attending court.  It typically takes 4-6 months to complete the process, given the various stages and court waiting times. We offer a flat fee package for DODs, as we call them.

  • Yes. you can reach an agreement with your former spouse or work jointly with a mediator — but getting independent legal advice before signing any agreement is strongly recommended. A lawyer can review your agreement, explain your rights, and flag anything that may create problems later.

Marriage & Cohabitation

  • When properly prepared and signed, these agreements are generally enforceable under BC law and can help couples create clarity around finances, property, and future expectations.

  • No. Couples can enter into agreements before or at any point during a relationship or marriage.

  •  In BC, couples who have lived together for two consecutive years or more are considered "spouses" under the Family Law Act and have similar property and support rights and obligations as married couples. A cohabitation agreement can help you define those terms yourselves. 

Children & Parenting

  • A non-evaluative report that summarizes a child's views on decisions affecting them during separation or divorce.

  • It depends on the child's maturity and ability to express their views; however, it is not likely to be effective for a child younger than 6. The process is designed to be age-appropriate and child-centred.

  • Children don't make final legal decisions, but their views are considered depending on their age, maturity, and family circumstances and the older a child, the more weight ought to be given to their views.