Family LAW

finding fairness and Equity

At Skands Law, we understand that family matters are deeply personal and often challenging. Our boutique legal firm in Surrey is dedicated to guiding you through these sensitive issues with care and empathy. We are committed to ensuring that your voice is heard and your interests are represented fairly.

Our Services

Divorce & separation

We are here to support you through the challenges of divorce and separation, working with you to find fair solutions and resolve disputes with empathy and clear guidance. Our team can help you navigate:

  • Filing for divorce

  • Division of assets and debts

  • Child Custody, usually referred to as “parenting time” and “decision-making responsibility”

  • Child Support

  • Spousal support

Family Property Division

Our team assists with the division of family assets, property division and financial resources during separation or divorce. We offer support with:

  • Assessment of assets and liabilities

  • Negotiation and division

  • Legal documentation

  • Court representation

  • Enforcement of orders

cohabitation agreements

We assist in drafting cohabitation agreements to protect your rights and clarify expectations as you embark on this new and exciting chapter together. We can help you create clear terms surrounding:

  • Property rights

  • Financial contributions

  • Inheritance

  • Dispute resolution

Protection orders against family violence

We are dedicated to helping you secure protection orders to keep you and your loved ones safe from family violence. Our compassionate team is here to help ensure you have the legal safeguards needed to regain your sense of security during this time.

MEDIATION & ARBITRATION

We will make sure you are properly informed in relation to your out of court options such as mediation.

Frequently asked questions

Still have questions? We are here to help. Explore answers to common inquiries below or get in touch to discover how Skands Law can support you.

SEPARATION AND DIVORCE IN FAMILY LAW

  • Start by seeking professional advice from a family law expert. They can help you understand your options and determine the best course of action, whether it's mediation, counselling, or legal action, and can guide you through the process. Skands Law is proud to provide caring and compassionate family law services to help you find a resolution that suits your best interests and well-being.

  • During separation, you have rights to a fair division of property and you may be entitled to spousal support. It is important to understand both your legal rights and responsibilities if children are involved.  Consulting a professional family lawyer can help clarify these rights and guide you through the process.

  • In order to get a divorce, you have to prove there has been a breakdown of your marriage.

  • In order to prove there has been a breakdown in the marriage you can prove 1 of three things:

     

    1. You need to have lived separate and apart from your spouse for at least one year immediately before the divorce. OR

    2. Your spouse has committed adultery (no, your committing adultery does not allow you to circumvent the 1-year rule!)

    3. Your spouse has treated you with physical or mental cruelty of such a kind as to render intolerable the continued cohabitation.

    It is rare that a divorce is granted due to adultery or cruelty.

  • In BC, you must be separated for at least one year before you can file for divorce. However, issues like child custody and property division can be addressed during this period.

  • Common law marriage is not a legal term. In BC, some laws treat you as a spouse after 1 year and some laws treat you as a spouse after two years. The Family Law Act applies to unmarried spouses whereas both the Family Law Act and the Divorce Act apply to married couples. Regardless of which act applies the rights of unmarried spouses are very similar to married spouses.

  • Spousal support may be required based on factors like income disparity, marriage duration, and financial need. The amount varies and is determined by legal guidelines and personal circumstances. Consulting a lawyer will provide a clearer picture of your obligations.

PARENTING AND CHILDREN IN FAMILY LAW

  • As a parent, you have the right to seek custody and to make decisions about your child's upbringing. You have the right to make major decisions affecting your child’s welfare and education so long as these rights accord with the best interest of the child. The court acknowledges the rights and responsibilities of parents.

  • Parental responsibilities include making decisions about your child’s education, health care, and general welfare. It also involves providing financial support, nurturing, and ensuring the child's overall well-being.

  • Parenting arrangements detail how custody and daily care of a child are divided between parents. Courts may intervene to ensure arrangements serve the child’s best interests. Limits include ensuring arrangements are practical, fair, and focused on the child's needs.

  • BC Law does not use the term custody, but instead uses the terms “parenting time” and “parental responsibilities” or “decision-making responsibility.”

    Although the term custody is not a legal term, the most common arrangements are as follows:

    1. Sole custody: although the child lives with 1 parent, sole custody does not mean the non-custodial parent has limited contact with the child or a limited role in the child's life.

    2. Joint custody: does not necessarily mean that the child will live with both parents half or even part of the time, but that the parents are equal partners when it comes to making decisions that affect their child’s life.

    3. Shared custody: each parent spends equal or more than 40% of the time with the children

    4. Split parenting: where there are 2 or more children and 1 child spends the majority of their time with one parent, and the other child spends the majority of their time with the other parent.

  • If you are required to pay child support, the amount is based on guidelines considering your income and the child's needs. Your lawyer can help calculate the specific amount and ensure it aligns with legal standards.

PROPERTY IN FAMILY LAW

  • The Part 5 of the Family Law Act (FLA) governs property division in British Columbia. In the most general terms, on separation, each spouse has a right to an undivided half interest in all family property and are equally responsible for family debt. This generalization can be altered by an agreement between the parties (spouses) OR by a court order.

  • Yes, we can likely help in this situation. We’ll assess the specific circumstances, such as the original intention of the parties and any evidence supporting your claim, to determine your legal rights and options.

  • Family property is defined as both real property and personal property. Generally, family property is property that at least 1 spouse owns (or has a beneficial interest in) at the date of separation. However, there are some circumstances where property acquired post-separation are considered Family Property.

    Examples of Family Property are as follows:

    1. shares or an interest in a corporation;

    2. an interest in a partnership, an association, an organization, a business or a venture;

    3. property owing to a spouse: (i)as a refund, including an income tax refund, or (ii)in return for the provision of a good or service;

    4. money of a spouse in an account with a financial institution;

    5. a spouse's entitlement under an annuity, a pension plan, a retirement savings plan or an income plan;

    6. the increase in value of an excluded property.

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