Rights and liabilities upon breakdown of marriage
Below we will discuss legal issues that arise upon the breakdown of a marriage. For a consultation, feel free to contact us any time. We provide legal information, legal advice and advocacy to people that want to protect their legal interests throughout British Columbia.
Separation vs. Divorce
To be eligible for a divorce in Canada, except for marriages involving cruelty or adultery, the parties need to have been living separately and apart for at least one year.
Immediately upon separation, there are rights and liabilities that arise for the two parties. After 1 year of separation, you can choose whether you want to divorce or not, but despite technically remaining married, you can be lawfully separated.
Uncontested Divorce
Because contested hearings are expensive, stressful, and time-consuming, we selected our lawyers in part for their ability to resolve matters through negotiations and therefore avoid trials. An uncontested divorce is one where there is no disagreement between the parties on the rights and liabilities of the parties including the following.
- Division and possession of property;
- Spousal Support; and
- Child Custody and parenting time;
Contested Family Court Hearing
It is always best to avoid contested trials. However, we understand that sometimes matters are so contentious and/or opposing parties are so unreasonable, that contested hearings are unavoidable.
We have seasoned and effective trial lawyers that can litigate for you if necessary.
Contact us anytime.
