Top 6 Common Myths about Family Law and Divorce in BC

divorce

Are you considering getting a divorce or separating from your partner? If so, you’ll need to know about family law in British Columbia (BC). This province has its own set of laws that govern these types of situations, and it’s important to be familiar with them before you take any legal action.

Here are some common myths about family law in BC:

1. You Need to Go to Court to Get a Divorce

This is not always the case. In fact, most divorces in BC are settled out of court. This means that you and your spouse can come to an agreement on your own about things like child custody and support, division of property, and spousal support. If you can’t reach an agreement, you may need to go to court, but this is usually a last resort.

2. You Need to Have a Lawyer to Get a Divorce

Again, this is not always the case. You can represent yourself in court, but it is often advisable to at least consult with a lawyer to make sure you understand the process and your rights. If you and your spouse can’t agree on the terms of your divorce, you will likely need to hire a lawyer to represent you in court.

3. The Court Will Always Side with the Mother in a Custody Battle

This is simply not true. The court looks at what is in the child’s best interests when making a custody decision. This means that they will consider things like which parent the child has a stronger relationship with, which parent can provide a more stable home environment, and which parent is more likely to encourage the child’s relationship with the other parent. 

There is no guarantee that either the mother or father will always get custody.

4. You Will Never Be Able to See Your Children Again If You Don’t Have Full Custody

It doesn’t mean you’ll never see them again if you don’t have full custody of your children. The court will usually order some form of joint custody, which means both parents have a say in major decisions about the child’s life. The court may also order shared parenting, which means both parents have equal parenting time.

5. The Court Will Always Order a 50/50 Split of Property and Assets

This is also not true. The court will look at a number of factors when deciding how to divide property and assets, including the length of the marriage, each spouse’s contribution to the marriage, and each spouse’s financial needs. The court may not order a 50/50 split but may instead decide that one spouse should get a greater share of the assets.

6. You Will Have to Pay Alimony for the Rest of Your Life If You Get Divorced

Alimony, or spousal support, is not meant to be a lifelong financial obligation. The purpose of alimony is to help the lower-earning spouse maintain the same standard of living they had during the marriage. 

The amount of alimony and the length of time it is paid will depend on a number of factors, including the length of the marriage, the spouses’ incomes, and each spouse’s ability to support themselves.

Conclusion

It is important to understand that many myths surround family law and divorce in BC. However, by understanding the realities of the law, you can make informed decisions about your own situation. With the help of a qualified family lawyer, you can ensure that your rights are protected and that you receive the best possible outcome in your divorce.

Dreyer Davison Lawyers LLP specializes in family law in British Columbia. Our team of experienced divorce lawyers can help you with every aspect of your divorce, from filing for divorce to negotiating a settlement. We can also help you with child custody and support, spousal support, and division of property. Schedule your legal consultation with us today!

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