At City Law Group, we are proud to offer family law services, led by our experienced and accredited lawyers. We assist clients across Surrey, Vancouver, and throughout British Columbia, helping them navigate family disputes with a focus on resolution and efficiency.
We firmly believe that mediation is one of the most effective and cost-efficient ways to resolve family law matters.
With the right guidance, even the most challenging disputes—including those involving difficult personalities—can find common ground. Our skilled mediators facilitate productive discussions, presenting creative solutions that individuals may not have considered on their own.
At City Law Group, we are committed to helping families resolve conflicts in a way that is faster, less stressful, and more cost-effective than litigation. Let us help you find a path forward.
Divorce
Contested Divorce
Simply put, when all negotiations and/or alternate dispute resolution methods to address the issues of your family matter fail, that is when court intervention becomes necessary.
The issues revolving around divorce may include any or all of the following:
- Division of Property;
- Division of Debt;
- Spousal Support;
- Child Support; and
- Parenting time and Parental responsibilities.
A divorce is generally not granted if any or all of the issues remain unresolved. In such situations, intervention of the court becomes necessary to secure and protect your interests.
The Court Process
- Initiating a Notice of Family Claim:
A Notice of Family Claim is a document which formally initiates/commences the Family Law proceedings in the court. The form requires you to input information with respect to your marriage, separation, children, parenting arrangements, property etc. This information is to be provided in the various schedules that are attached to the form.
Once you complete the Notice of Family Claim, it is to be submitted at the court registry for filing.
- Service of Notice of Family Claim
When you are in receipt of the filed copy of the Notice of Family Claim, you have to get it served on your spouse. Based on the information laid out in the Notice of Family Claim he or she will have to respond to the claim. Your spouse has an option to file their own counterclaim.
If your spouse decides to file and serve you with a copy of the counterclaim, and if you do not agree with the claim laid out by your spouse, you will have to respond to the counterclaim.
- Exchange of Financial Statements
Following the exchange of all documents in Step 1 and 2, both you and your spouse will need to file and serve upon the other your respective Financial Statements.
The Financial Statements assists the court in having a clear understanding of your finances for the purposes of child support, spousal support and/or division of property.
- Judicial Case Conference (JCC)
Finally, the parties are required to attend a Judicial Case Conference. It is an informal, closed room confidential proceeding where a judge will sit with you (and your lawyers) to try and settle your issues. Any decision that is reached at a Judicial Case Conference is reached with the consent of both parties.
If the parties are able to reach an agreement on any of the issues, those issues are considered to be resolved and put in writing in an order of the court. All the outstanding issues then continue through litigation and usually end with a trial.
TRIAL
If you are not able to resolve all the issue surrounding your divorce then you end up having to go for a trial. The process of a trial includes:
- Explaining the issues to the judge
- Prove your abilities and willingness to care for your children
- Prove the values of all family property and debt
- Submit expert report if required e.g. psychological reports, reports highlighting the best interest of the children, etc.
On an average, the trial can range from 5 to 25 business days, depending on the complexity of the issues involved. Trial is a strenuous and complex process which can be at times intimidating and a traumatic experience for some.
Uncontested Divorce
If you and your spouse have resolved all matrimonial issues without the intervention of the court, you are eligible to apply for a divorce. Such a divorce is uncontested, meaning it is not opposed by your spouse. In the Province of British Columbia, only a judge of the British Columbia Supreme Court has the power to grant a divorce, therefore you will need the assistance of the court for your uncontested Divorce, also known as Desk Order Divorce.
When can you apply for a Desk Order Divorce or Uncontested Divorce?
In an uncontested or desk order divorce, you do not have to appear before a judge to obtain your divorce. Since all other matters revolving around your divorce are either settled or are non-existent, the only relief sought from the court is that of a divorce. You can apply for a desk order divorce either jointly with your spouse or through a pre-existing settlement between you and your spouse.
Steps involved to obtain an Uncontested Divorce
Notice of Family Claim
You are required to file and serve your Notice of Family Claim in order to initiate any process to seek a divorce. After your spouse is served with the Notice of Family Claim, he or she has to file a response within 30 days. If they fail to file a response, you can then move ahead with your uncontested divorce.
Submitting forms for Desk Order Divorce
If your spouse does not respond to the Notice of Family Claim, you can then proceed to submit various forms and documents required for the next step. Following are the forms that are generally required for submission:
- Requisition (SCFR Form F35)
- Affidavit for desk order divorce (SCFR Form F38)
- Child Support Affidavit (SCFR Form F37)
- Certificate of Pleadings (SCFR Form F36)
- Requisition to Search (SCFR Form F17)
- Draft Final Order (SCFR Form F52)
- Copy of your separation agreement (if any)
Even though the process for obtaining a Desk Order Divorce seems straightforward, the process involves legal procedure and providing additional information by adding details into the forms mentioned above or using additional forms depending on your case/matrimonial situation. A number of applications are rejected for being incomplete or for using incorrect form or providing inadequate information. To avoid your application from being rejected, it is recommended that you hire a lawyer to prepare and submit your application.
High Net Worth Divorce
If the combined net worth of you and your spouse is over one million, then you will generally fall under the high-net worth divorce category. The same rules apply to you as any other individual in a contested or an uncontested divorce setting.
A high-net worth divorce includes complex business structures, professional practice, stock options, retirement accounts, pensions, executive bonus packages, and the like.
Property Division
Dividing family property often includes navigating strong emotions and making complex financial decisions. While usually the property is equally divided amongst the parties it is not always the case. There are times, depending on the circumstances of your case, that the family property may not be divided equally, some portion of the family property may be excluded from division and for some other portion, one of the parties may be eligible to seek more than half the share of the property.
It is not only the assets that are divided among the spouses, the debts incurred during the course of the relationship are also divided.
Spousal Support
Plainly speaking, spousal support are payments made by one spouse with higher income to the other spouse with a lower income. There are a number of factors that determine the amount of spousal support payable by one spouse to the other. These factors generally include:
- Length of the marriage
- Difference between the incomes of the spouses
- Children of the marriage
- The different roles played by each spouse during the marriage/cohabitation of the parties.
Divorce and Children
One of the most complex, emotionally draining, and costly aspects of family law involves divorce and child custody matters. At City Law Group, we understand the challenges parents face when making these difficult decisions.
Many parents remain in unhealthy relationships for the sake of their children, hoping to shield them from conflict. When the time comes to separate or divorce, it often brings a mix of pain, uncertainty, and anxiety. While the decision is made with the best intentions—to create a healthier environment for the children—it also introduces new concerns, such as parenting time arrangements, living schedules, and decision-making responsibilities.
At City Law Group, we are committed to guiding parents through this difficult transition with compassion, expertise, and strategic legal support. Our goal is to help families find solutions that prioritize the well-being of their children while ensuring fair and workable parenting arrangements
Custody and Parenting Time
At City Law Group, we understand that child custody disputes are among the most complex and emotionally charged areas of family law in British Columbia. Resolving these matters requires legal expertise, strategic planning, and a deep understanding of family dynamics.
Our team of child custody lawyers in Surrey and Vancouver focuses exclusively on family law, staying at the forefront of evolving legal precedents and custody-related challenges. Whether through litigation or mediation, we are committed to advocating for the best interests of both you and your child. With a strong track record of success, our lawyers are highly skilled in negotiating parenting time, decision-making responsibilities, and contact arrangements to ensure fair and practical solutions.
Whether you need court representation or mediation support, City Law Group is here to help you navigate every aspect of your child custody case with confidence and care.
Common Law
Married vs. Common Law
If you and your partner are going through a separation, the BC Family Law Act and the Divorce Act may impact your case. While both laws address family law matters, the one that applies to you depends on whether you were legally married or in a common-law relationship. Understanding the distinctions between these legal frameworks is crucial when determining your rights and obligations.
What Defines a Common-Law Relationship in BC?
Under the BC Family Law Act, which came into effect in March 2013, the definition of a spouse extends beyond legally married couples to include common-law relationships. You are considered a common-law spouse if:
✔️ You have lived together in a marriage-like relationship for at least two years, OR
✔️ You have lived together for less than two years but share a child together.
Merely dating for several years does not automatically qualify a couple as common-law spouses—the relationship must meet specific legal criteria.
How Courts Determine a Marriage-Like Relationship
To establish whether a couple qualifies as common law, courts assess various factors, including:
🔹 Whether the couple has children together
🔹 Joint ownership of property or significant assets
🔹 Shared financial responsibilities, such as household expenses
🔹 Financial support provided between partners
🔹 Public recognition as a couple, including attending social events together
🔹 Efforts to maintain the relationship, such as counseling
🔹 Emotional and physical intimacy
A combination of these factors helps determine whether a relationship meets the legal definition of common law.
Rights and Obligations of Common-Law Spouses
If you are legally recognized as a spouse under the BC Family Law Act, you may have similar rights and responsibilities as a legally married partner. These may include:
✔️ Spousal support
✔️ Child support
✔️ Division of assets and debts
To protect your legal interests, consulting a family lawyer is crucial—whether you are navigating a breakup or considering a cohabitation agreement before moving in together.
At City Law Group, our team of family law experts in Surrey and Vancouver is here to guide you through divorce, separation, and common-law matters with professionalism and care.
Common Law Rights
Under the BC Family Law Act, common-law couples are granted many of the same legal rights as married spouses. This means that couples who have been in a marriage-like relationship—regardless of gender—are entitled to protections concerning property division, spousal support, child support, and parental responsibilities.
Before 2013, common-law partners did not automatically have the right to claim a 50% share of family property upon separation. Instead, they had to file claims under different legal frameworks, often leading to unpredictable outcomes. However, today’s legal landscape ensures that common-law spouses are entitled to fair and equitable division of assets and liabilities, similar to legally married couples.
Property and Debt Division in Common-Law Relationships
When a common-law relationship ends, the division of family property and debts is typically split 50/50, similar to a divorce. This applies to:
🏡 Family Property – Any assets acquired during the relationship or that increase in value while the couple is together.
💰 Debt Responsibilities – Any financial obligations accumulated while cohabitating are also divided equally.
For example:
- If one partner owned a home worth $200,000 before the relationship and its value increased to $1,000,000 during the relationship, they would retain their initial $200,000 and split the $800,000 appreciation equally with their former partner.
- If a couple accumulated $20,000 in debt, each partner would typically be responsible for repaying $10,000 after separation.
Spousal Support for Common-Law Partners
Spousal support for common-law relationships is determined using the Spousal Support Advisory Guidelines (SSAG). The amount and duration of support depend on various factors, including:
📌 The difference in income levels between partners
📌 The length of the relationship
📌 Whether children are involved
While online calculators, such as My Support Calculator, can provide estimates, consulting an experienced family lawyer in Surrey or Vancouver ensures an accurate assessment based on your specific circumstances.
Child Support for Common-Law Parents
Child support obligations are determined based on:
👨👩👧 Gross income of both parents
📅 Parenting arrangements – Whether the child lives primarily with one parent or shares time between both
- Primary residence: If one parent has the child more than 60% of the time, the other parent typically pays support.
- Shared parenting: If both parents have the child at least 40% of the time, support calculations adjust accordingly.
Understanding child support obligations is crucial for ensuring financial stability for children after separation.
Parental Responsibilities and Guardianship
Under the BC Family Law Act, both married and common-law parents can apply for parenting time and decision-making responsibilities for their child. The court prioritizes the best interests of the child, considering factors such as:
👶 The child’s emotional and physical well-being
💬 The child’s preferences, if appropriate
🤝 The relationship between the child and each parent
🏡 Stability and past caregiving history
⚖️ Impact of family violence, if applicable
In contrast, the Divorce Act—which applies to legally married couples—uses terms like custody and access, but the guiding principles remain similar.
When disputes arise over parenting time, legal representation ensures that your rights—and more importantly, your child’s best interests—are protected.
Protect Your Common-Law Rights with Legal Expertise
Navigating common-law separations can be complex, especially when it comes to financial matters and parenting arrangements. At City Law Group, we specialize in family law matters across British Columbia, providing expert legal guidance tailored to your situation.
Common Law Spouses
There is often confusion about what qualifies as a common-law or marriage-like relationship under the BC Family Law Act. According to the law, you are considered a common-law spouse if:
✔ You have lived together in a marriage-like relationship for at least two years; OR
✔ You have lived together for less than two years but have a child together.
What Do Common-Law Lawyers Do?
A common-law lawyer specializes in family law and helps individuals navigate their rights and obligations in a common-law relationship. Since common-law spouses now have the same legal protections as married couples, a family lawyer can assist with:
📌 Spousal support (alimony)
📌 Child support
📌 Parental responsibilities and child custody
📌 Division of assets and property
📌 Responsibility for debts acquired during the relationship
If you are found to be in a marriage-like relationship, these rights and obligations will apply to you.
How to Avoid Being Classified as Common-Law
If you are in a relationship but do not want to be considered common-law, you can opt-out by signing a cohabitation agreement with your partner. This legally binding document clarifies financial responsibilities and protects both parties from unexpected legal claims.
For those planning to move in together, it’s recommended to have this agreement in place before cohabitation begins to avoid future disputes.
Marriage vs. Common-Law: What’s the Difference?
Even if you are not legally married, you may still be considered a spouse under BC law. The Family Law Act applies to both married and common-law partners, whereas the Divorce Act only applies to legally married couples.
⚖️ Key Differences:
- Both same-sex and opposite-sex couples can qualify as spouses under the law.
- You must be in a marriage-like relationship to be recognized as a spouse.
- Long-term roommates do not qualify as spouses, even if they have lived together for years.
- Casual or short-term relationships do not automatically meet the legal threshold for common-law status.
Courts assess several factors to determine whether a relationship is marriage-like, such as shared finances, cohabitation, and emotional or physical intimacy.
Common-Law Rights Under the Family Law Act
The BC Family Law Act expanded the definition of spouses, leading to unexpected legal implications for some couples. Many people—especially those unaware of the law—are surprised to learn they qualify as common-law spouses and must deal with spousal support, property division, and financial responsibilities after a breakup.
If necessary, legal professionals can challenge a misclassification of your relationship. If your ex-partner claims common-law status to seek financial compensation but does not meet the legal definition, a lawyer can present evidence such as:
📌 Separate finances (individual bank accounts, no shared assets)
📌 No joint property ownership
📌 Gaps in cohabitation (not consistently living together)
📌 Lack of intimacy or commitment
Having a knowledgeable family lawyer ensures that your rights are protected, whether you are in a common-law relationship or disputing an incorrect claim.
Get Expert Advice on Common-Law Rights
Understanding the legal implications of common-law relationships is essential for protecting your financial and parental rights. If you are unsure about your status or need legal guidance, consult an experienced family law firm in Vancouver or BC for assistance.
Common Law Cohabitation
If you’re living with a partner or planning to move in together, understanding your legal rights and obligations is crucial. Many people assume that simply living together does not create financial or legal ties, but in British Columbia, common-law relationships can lead to significant legal responsibilities—sometimes even affecting your assets and financial future.
To protect yourself and your interests, it’s advisable to have a cohabitation agreement in place. Here’s why:
What is a Cohabitation Agreement?
A cohabitation agreement is a legally binding contract between two people who live together in a marriage-like relationship. This document outlines important financial and legal matters, helping both partners establish clarity regarding their rights and responsibilities.
These agreements typically address:
✔ Ownership of assets brought into the relationship
✔ Division of property acquired during the relationship
✔ Financial obligations such as shared expenses
✔ Debt responsibility—who is liable for what
✔ Spousal support terms if the relationship ends
✔ Plans for jointly owned property (e.g., whether to sell a home or allow one partner to buy the other out)
Why Should You Have a Cohabitation Agreement?
A cohabitation agreement provides legal protection for both partners. Key benefits include:
📌 Asset Protection – Ensures each partner retains ownership of their personal property.
📌 Debt Protection – Prevents one partner from being held responsible for the other’s financial liabilities.
📌 Legal Clarity – Reduces uncertainty about financial responsibilities and rights.
📌 Future Security – Outlines what happens in the event of a separation, minimizing legal disputes.
Even if you are not legally married, you may still have legal obligations toward your partner, particularly if you co-own property, share finances, or have children together. Having an agreement in place safeguards your interests.
Types of Cohabitation Agreements in BC
In Vancouver and BC, cohabitation agreements can vary depending on the couple’s needs. Common types include:
🔹 Confirmation Agreements – Simply state the date when the partners became common-law but do not outline financial arrangements.
🔹 Financial & Household Responsibility Agreements – Define who pays for what during the relationship, such as rent, bills, and household expenses.
🔹 Separation-Only Agreements – Focus solely on asset division, debt responsibilities, and spousal support in the event of a breakup.
🔹 Comprehensive Agreements – Cover both financial obligations during the relationship and terms for separation. These are the most commonly used agreements.
How Much Does a Cohabitation Agreement Cost in BC?
The cost of drafting a cohabitation agreement varies based on factors such as income, assets, children, and financial complexity. In general:
💰 Basic agreements: $2,500+ (plus taxes)
💰 Complex agreements: Up to $50,000 (for high-net-worth individuals or extensive financial arrangements)
Fees typically cover:
✅ Initial consultation & legal advice
✅ Drafting and revising the agreement
✅ Negotiations between parties
✅ Providing independent legal advice before signing
✅ Finalizing and executing the contract
Are Cohabitation Agreements Legally Binding in BC?
Yes—if properly drafted, a cohabitation agreement is fully enforceable under BC family law. However, to ensure its validity, the agreement must:
✔ Be created with full financial disclosure from both parties
✔ Follow British Columbia’s legal guidelines (rather than generic online templates)
✔ Be signed without coercion or undue pressure
✔ Avoid fraud, misrepresentation, or significant unfairness
Agreements that fail to meet these requirements may be challenged in court.
Can You Draft Your Own Cohabitation Agreement?
While you can create your own agreement, a DIY contract may not hold up in court if it does not meet legal standards. To ensure enforceability, it’s best to work with a family lawyer who can:
🔹 Ensure full legal compliance with BC law
🔹 Protect your rights and assets
🔹 Prevent future disputes by covering all key legal aspects
Plan for the Future with a Strong Legal Agreement
A cohabitation agreement is one of the smartest steps you can take to secure your financial future and prevent unexpected legal complications. Whether you are already cohabiting or planning to move in together, taking proactive legal steps can save you from costly disputes later on.
Common Law Separation
Separating from a common-law partner in Vancouver can be a challenging and emotionally charged experience. Unlike traditional marriages, common-law relationships do not involve a formal marriage contract, which can make the legal process more complex.
At City Law, we recognize the unique challenges that come with ending a common-law relationship. Our family law team is here to provide expert legal guidance and ensure you make well-informed decisions regarding your future.
How We Can Help
Our experienced family lawyers assist with all aspects of common-law separation, including:
✔ Property & Asset Division – Understanding your rights to shared property and financial assets.
✔ Spousal Support – Determining eligibility and negotiating fair support arrangements.
✔ Child Custody & Parenting Agreements – Ensuring the best interests of your children are prioritized.
✔ Debt Responsibility – Clarifying financial obligations post-separation.