FAMILY LAW

FAMILY LAW SERVICES

The starting point for anyone experiencing a relationship breakdown is to get sound, practical advice on the legal principles that are relevant to your circumstances.

At JBT Law an initial consultation typically takes one hour. In that time we ask many focussed questions that provide the factual background to identify what really matters and what legal principles are applicable, and offer an opinion on how a judge might deal with the circumstances heaven forbid you ever landed there.

Then we talk about process, that is how to get to the finish line without spending two arms and a leg and enduring months or years of stress and intense emotions. For those who are not high conflict it’s possible for parties who’ve each had the benefit of sound family law advice to sit down at the kitchen table and work out the framework of an agreement by themselves. The next step is to have the agreement formalized by having a family law lawyer draft a Separation Agreement. 

What do Family Law Services Cost?

At JBT Law our rates are very competitive.  The hourly rate is $325 and you only pay for the time spent. You won’t find a skilled and seasoned family law lawyer anywhere in the lower mainland offering services at such a reasonable rate.   Our philosophy is to help people resolve their disputes as quickly and cost effectively as possible.

There are only two circumstances where we can quote a fixed cost for services.  If the kitchen table process is successful the all-in fee for drafting a Separation Agreement and providing Independent Legal Advice to one of the parties is $1,200 if there are no children involved and $1,500 if there are. 

The other circumstance is an un-contested Divorce, where the parties already have a Separation Agreement and want to take the final step and have their marriage judicially dissolved.  For that the all-in fee is $1500 if there are no children and $1800 if there are.

Address

#210 – 20780 Willoughby Town Center Dr.
Langley, B.C. V2Y 1X1

Contact Info

Divorce is Not Easy

When the decision to separate and divorce is made, it can be the start of one of the most difficult periods of time for anyone.

There is a lot to process and difficult questions to address, like: What will happen to the kids? Who will get custody? Where will I stand financially afterwards? On and on the questions come rushing in fast and hard.

A lawyer’s job is to enable you to make informed decisions about what is best for you and your family. That requires an at length discussion about the legal principles involved and how a court is likely to deal with the case, if it ever lands in a courtroom.

JBT Law can help you navigate the stressful waters of separation and divorce. We will always present every option available to you and guide you through the entire process. We will never force you into any single course of action. Give us a call or email today and we can start planning your new future today.

Child and Spousal Support in B.C.

The majority of separating couples have children and usually have different incomes so child support is always an issue.

The amount of child support payable is very simple if a child or children live primarily with one parent.  The Child Support Guidelines have a table that sets out a specific amount payable based on the payors income and the number of children.  In cases where the children spend roughly equal amounts of time with each parent a “set off” approach is typically adopted whereby the amount payable by the lower income parent based on income and number of children is deducted from the amount payable by the higher income parent and the higher income parent pays the difference.  In some cases one child may live in a shared arrangement and another primarily with one parent, which leads to a different “set off” calculation.

Spousal support is often a complicated and contentious issue.  There are many factors that come into play however the most important are the length of the relationship, the roles each party played in the family and how much income each party earns.  Spousal support is theoretically based on two principles, compensation and need.  A spouse who forfeited or subordinated career pursuits in favour of domestic responsibilities is a candidate for “compensatory spousal support”.  In these cases spousal support is often payable “indefinitely”, which means until retirement.  A “needs” based spousal support claim is a function of the marital standard of living, and although in most cases a separation involves a reduced standard of living for both parties a significant differential in incomes can lead to a spousal support entitlement or obligation.

The Spousal Support Advisory Guidelines are a tool used by Family Lawyers and courts to set the amount and duration of spousal support.  They come into play only after entitlement to spousal support is established, based on compensation,  need or both.  The Spousal Support Advisory Guidelines have proven to be very effective at keeping family law disputes out of the courtroom.

Division of Family Property and Debt

In most cases this is very simple.  The Family Law Act (FLA) stipulates that all family property is to be divided equally, so that is the starting point.  For couples who started their relationship with little or no personal net worth and accumulated wealth through hard work and good fortune it is simple; equal division.  Where it can get complicated is when one or both parties had net worth when the relationship began, or inheritances are received during the relationship, or one party has disposed of an asset or diminished its value post separation.  There are other factors that can lead to claims for unequal division, and all of them are fraught with difficulty and controversy.

The FLA also stipulates that family debt is to be divided equally.  Spending habits are a common contributor to relationship breakdown and are often the source of grievances post separation.  The “saver” in the couple is usually disappointed with the state of the law, which is that courts don’t embark on roving inquiries into spending habits pre-separation.  There are exceptions, like racking up a credit card or line of credit for purely personal purposes, but generally whatever debt each party had at separation is shared equally.