DivorceMag: British Columbia FAQs

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Vancouver Divorce Lawyer: Kahn Zack Ehrlich Lithwick

Experienced BC Divorce Lawyer: Carla Courtenay

FAQs Written By Professionals in Canada

"Do I need a lawyer to get divorced?"

Richmond, BC divorce lawyer Danny Zack answers: "If there are no assets, no children, and fairly similar incomes, one could get divorced without using counsel.

But having said that, it's always best to consult with a lawyer, especially if there are children. The Supreme Court is required under the Divorce Act to make sure that if there are children, reasonable arrangements are made for those children..."

"Are prenuptial agreements worthwhile?"

Richmond, British Columbia divorce lawyer Danny Zack answers: "If you'd asked me that question a few years ago, I would have answered, "Maybe." In more recent decisions, courts have been very supportive of these agreements. Our society wants people to be able to rely upon the agreements that they make with each other, and that is expressed through case law.

Having said that, these agreements must be fairly negotiated and fair to both parties..."

"How is child support determined?"

Richmond, BC divorce lawyer Danny Zack answers: "Since 1997, we have had tables provided under that legislation that prescribes what child support should be, based upon the income of the paying party, and there are tables for one child, two children, etc. There is a second pronged child support..."

"What is the collaborative process?"

Richmond, British Columbia divorce lawyer Danny Zack answers: "The collaborative process is a relatively new method of dispute resolution in family law. The centerpiece of collaborative law is the signing by two spouses and their lawyers of what's referred to as a collaborative-law participation agreement. In it, the parties agree to negotiate with each other in good faith and respectfully, children's rights are promoted, and the parties agree not to go to court..."

"What is mediation?"

Richmond, BC divorce lawyer Danny Zack answers: "Mediation is a process that comes under the umbrella of alternate dispute resolution, in which the parties -- or if the party's represented by counsel, the counsel on behalf of the parties -- retain a neutral third party, typically a lawyer, who has the role of attempting to facilitate settlement between the parties. In our firm, Larry Kahn is an experienced mediator whom lawyers and clients retain on an extensive basis..."

"I'm worried that this divorce is going to ruin me financially. Do you have any tips to prevent this?"
Vancouver financial advisor Akeela Davis answers: "The biggest financial costs of a divorce are the lawyer's billable hours, court costs, and a settlement that has not been modeled so that you could see its potential impact.

In order to reduce billable hours and potential court costs:

Try to get you and your spouse to agree on as much as possible on division of assets and custody issues. These are the two biggies; the less the lawyer has to play go-between, the lower the legal bills.
Keep in mind the value of the asset for which you are fighting.
Do not let sentiment outweigh common sense.
Do not let the desire to punish outweigh common sense.
Do not use children as pawns..."

"Can I be forced to go to family mediation?"
Vancouver, BC family lawyer-mediator Deborah Lynn Zutter answers: "It depends on where you live! For example, the Saskatchewan Queen's Bench requires that spouses attend a mandatory information session about mediation. Or, if you live in Nanaimo, British Columbia, one spouse can force the other spouse to go to divorce mediation.

British Columbia introduced the new Notice to Mediate (Family) on November 1, 2007. For the time being, it applies only to Nanaimo. Once a family-law action is started in the Supreme Court and a Statement of Defense has been filed, either spouse may serve the other with a Notice to Mediate..."

FAQs Written By Professionals From Bristish Columbia

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