Family Law – FAQ
Your family law questions answered.
Dreyer Davison’s Insight into Family Law Questions
At Dreyer Davison Lawyers LLP, we aim to provide our clients with the most up-to-date family law information. Speak to our team today or consult the topics below to learn more about our practice and our commitment to family law in Surrey, Langley and the surrounding area.
Family law is a complex matter and our team of experienced lawyers consistently strive to ensure that all of your questions are answered. We work to ensure that you completely understand the process from start to finish.
Browse the answers to the most common family law questions we are asked at Dreyer Davison Lawyers LLP. If you have any other questions do not hesitate to contact us. We would be please to provide you with any additional information you may require.
Family Law Answers
Can I just get a separation agreement drafted?
Often the most important step in resolving your family law matters is a separation agreement. All issues, except a divorce, can be settled by agreement and those terms can be written into a separation agreement. Dreyer Davison Lawyers advises against drafting your own separation agreement by purchasing or downloading a form. The law surrounding separation agreements, from negotiation to enforcement, is complicated. Having Dreyer Davison Lawyers draft your separation agreements will provide a polished final product that avoids common pitfalls or uncertainties which often exist in “homemade” agreements.
Can my spouse/partner and I see a mediator together?
There are many lawyers who are trained as family law mediators. Your case may be appropriate for settlement with the assistance of a mediator. Regardless, you will need your own lawyer to review the mediated agreement with you and provide advice. This review and advice are a few of the many services offered by Dreyer Davison Lawyers.
Can I get divorce documents drafted and filed with a court?
You can file your own divorce documents. However, this court process is complicated and quite finicky. You will want to have all of your other family law issues settled before you try to obtain your divorce. Many people find it is easier to hire a lawyer to obtain their divorce. If a divorce is uncontested, it is a relatively inexpensive process to have Dreyer Davison Lawyers obtain your divorce.
How is child custody determined
Child custody is determined by what at first seems a very simple test: what is in the best interest of the child? Generally, a child benefits from a full and active relationship with both parents. However, this area of law is complicated and has many variables which influence what exactly is a child’s best interest. Custody is a very emotionally charged concept, so much so that the law is changing. Now, custody is no longer part of family law. Rather, guardianship, parental responsibilities and parenting time have become the issues. We at Dreyer Davison Family Lawyers in Langley, BC and throughout the Fraser Valley recognize the importance of this change and have embraced the concept of parenting time. Now, rather than arguing about semantics, we can truly discuss a child’s best interests. Dreyer Davison Lawyers has dealt with hundreds of parenting situations.
How is a child guardianship determined?
As of March 18, 2013, the concept of child guardianship has been completely changed by the Family Law Act. This act replaces some charged terms with more neutral alternatives which helps to promote a more collaborative approach to family law issues. The best interests of the child remain the overriding concern for all involved parties. Dreyer Davison Lawyers LLP has dealt with hundreds of guardianship situations.
What is spousal support?
Spousal support can be one of the most contentious of family law issues. The general concept is that the economic impact of a marriage or relationship breakdown is to be shouldered equally by both spouses. Many factors come into play: the role of the spouses during the marriage or relationship, the employability of the spouses, young children being at home, etc. If there is an obligation to pay spousal support then there is an obligation on the recipient of that support to work towards self-sufficiency, if possible. Dreyer Davison Lawyers has dealt with hundreds of spousal support issues. Let us help.
How will my assets be shared?
Any asset that can be categorized as a matrimonial asset is subject to division. The definition of a matrimonial asset is very broad. Assets that were brought into the marriage or relationship can complicate the division. It is important to remember that for every hour you argue about the asset division, you have spent $300 in legal fees.
How is child support calculated?
The amount of child support paid/received is determined by federal law (a law made by the Canadian government as opposed to a provincial government). Visit the Child Support Calculator for a rough idea of what you might expect to pay or to receive in child support.
What is the purpose of child support?
In British Columbia, child support payments are used to provide for the necessities of a child or children and to ensure that they are raised in a close standard of living as if their family unit had not separated.
What is a power of attorney?
A power of attorney is someone’s legal appointment of a specific person (the Attorney) to manage your property and financial affairs should you be incapacitated. There are also special powers of attorney, which can focus on specific tasks that must be completed in your incapacitation. A general power of attorney allows much greater power, from redirecting mail, paying bills to opening and closing credit cards and much more. A power of attorney can be temporary (for example, if someone is recuperating from serious illness) or permanent (more common in cases involving aging parents or spouses).