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To get started right away, read Family Law 101 for a quick and easy introduction to family law and divorce law in British Columbia. This website, Canada's largest and most complete source of free information about family law and divorce law, is maintained by a lawyer as a public service and offers up to date information about the law and the legal system in BC. If you're not sure where to find something from the menus, check the Site Map & Index or browse through the site overview below. The author does not accept clients from this website; the site is maintained first and foremost as a public legal education project. If you're looking to hire someone, the websites of many British Columbia family law lawyers and law firms are available in the Resources & Links section.
Last Update:
27 June 2009
Please read these important legal notices about the use of this website. Site Overview The Legal System provides a general introduction to the fundamentals of our legal system and a practical how-to guide to the court system. It discusses: the structure of the courts; the sources of the law (including the common law and statute law); your relationship with your lawyer and how to hire and fire a lawyer; how to start and defend a law suit; and, how to start and defend an interim application. Alternatives to Court surveys a number of ways to resolve your dispute without having to go to court, including separation agreeements, mediation, arbitration and collaborative law. Children deals with the most important legal issues about the care and control of children after a relationship ends, including tips on parenting after separation, the general rules about custody, guardianship and access, and how to make changes to court orders dealing with these issues. It also covers the interests and rights that grandparents and other non-parents might have to a child. Child Support discusses the basic rules about child support and children's special expenses, the Child Support Guidelines and exceptions to the Guidelines, how to make changes to an order for child support, how to enforce the payment of support and what to do if you're in arrears of support. This section also has a handy calculators for child support and the sharing of children's special expenses. Spousal Support discusses the basic rules about spousal support, the Spousal Support Advisory Guidelines, the different kinds of spousal support orders the court can make, how to make changes to an order for spousal support, how to enforce the payment of support and what to do if you're in arrears of support. Family Assets covers the basic rules about the division of family assets and how different kinds of assets are dealt with by the courts, like the family home, RRSPs, pensions and so forth. This section also reviews how you can protect your assets in the course of a divorce or separation, and discusses how assets are determined to be shareable "family assets" as opposed the sort of assets that don't usually qualify as family assets, such as business assets and inheritances. Family Agreements deals with the basic rules about cohabitation agreements (living together agreements), marriage agreements (prenuptial agreements and postnuptial agreements) and separation agreements. It also discusses how to make changes to family law agreements and how these agreements can be enforced. Marriage & Divorce reviews the fundamentals of valid and invalid marriages, the basics of separation and things to keep in mind when separating, and the rules about divorce. This section also includes a brief overview of the do-it-yourself divorce process and provides samples of the court forms used in that process. Same-Sex Couples discusses family law applies to gays and lesbians in married and unmarried relationships, including adoption, children and child support, spousal support, the division of assets, and the rules relating to marriage and divorce. Unmarried Couples deals with how family law applies to couples who aren't married, including people in common-law relationships and people who barely had a relationship at all but still made a baby. It talks about what a common-law relationship means, how a couple qualify as common-law spouses, and how common-law relationships end. Other Family Law Issues discusses a wide range of other issues, including: adoption; wills and estates; parental support; naming children and changes of name on divorce; enforcing orders and agreements; paternity issues; special considerations in family law and divorce law for aboriginal people; and, family violence. Back to the top of this chapter. Resources Overview Site Map & Index features a detailed, cross-referenced index to all of the topics covered in this website, a clickable map of the main sections and chapters of this site that actually looks like a map, a table of the cases discussed in this site, a list of the sample documents and court forms available in this site, and a site search engine. If you're not sure where to find something, look here first! Legislation contains a summary of the most important laws dealing with family law and divorce law issues, including the Family Relations Act, the Divorce Act and other laws and regulations important to family law like the Name Act and the Child Support Guidelines. Resources & Links contains a comprehensive listing of off- and on-line resources related to family law and divorce law, including lawyers' reference books, links to the federal and provincial family law legislation, government ministries and agencies, online resources, social and pro bono legal organizations, lawyers' websites and lawyer listing services, and much more. Definitions has plain-language definitions for more than 400 common and not-so-common legal words and phrases, from the meaning of ab initio to the legal definition of "youth." These definitions are a much expanded version of the pop-up definitions available throughout this site. How do I ? answers common questions about family law, divorce law and the court process, and covers a wide range of topics including preparing for separation, addressing the court, drafting an affidavit, and becoming a lawyer. Back to the top of this chapter. Site Navigation
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