Family Law

Serving the West and East Kootenay’s and British Columbia

Dedicated to you and your family.

Transition and change to the family unit is difficult. We want to make it easier for you. We can assist with navigating the issues which arise upon separation and divorce. At Daroux Law we understand the legal, emotional, financial, and other challenges which accompany family restructuring.

Experienced. Thorough.

We have considerable experience and training with dispute resolution and other legal tools to help you resolve matters such as: 1) property and asset division; 2) spousal and child support; and, 3) parenting plans. Families are dynamic and circumstances evolve. We can help create a solution for the issues you face today which will adapt to the changes of tomorrow. We focus on solving and preventing future conflict.

Property and Debt Division

Generally both family assets and debts will be divided equally upon separation in British Columbia. A Court will divide these unequally only when it would be “substantially unfair” to effect an equal division. There are various factors a Court will examine in determining whether an equal division is unfair or not. Alternatively, parties may decide on whatever division they might agree upon. We will assist you in understanding what a Court would likely do in your case if an agreement cannot be reached, and will endeavour to help you negotiate a satisfactory agreement.

Some property is considered excluded from family property, and is not subject to equal division. This includes property owned by one of the spouses at the outset of the relationship, gifts and inheritances received by a spouse during the course of the relationship, proceeds from some kinds of damage awards and trust property. However, any increase in value of excluded property during the relationship may be considered family property and subject to division.

We assist you in achieving a resolution of these issues.

Spousal and Child Support

Spousal and Child support are distinct forms of financial support. Child support is a right in every case. Spousal support depends on certain circumstances.

Spousal Support

Spousal support is the payment of financial support by one spouse to another after separation. A person may apply for spousal support upon separation if the couple was married or lived together in a common-law relationship for at least 2 years, or lived in a common-law relationship for less than 2 years but had a child together.

Spousal support may be awarded under either the Family Law Act or the Divorce Act. There are certain time limitations for entitlement to apply for support under the Family Law Act and thus it is important to obtain legal advice promptly. The amount and duration of spousal support may also be agreed between the parties. Parties could agree to have spousal support paid in a single payment (or lump sum) rather than monthly.

The factors a Court will consider in determining entitlement to spousal support include:

a need for financial support in order to become self-sufficient;
whether there will be an unequal change in the standards of living of the parties post-separation;
whether there was financial dependence of one spouse on the other during the relationship; and
whether one or the other will find it harder to get employment or will get lesser paying employment because of the role taken on during the relationship. This could include taking on a greater share of child-rearing responsibilities or household duties.

Once entitlement is established the remaining 2 issues are quantum (how much) and duration (how long) spousal support will be paid. There are no hard and fast rules to determine the above. The federal Spousal Support Advisory Guidelines provide some assistance in determining quantum and duration in the case of separation in B.C. Parties are also able to negotiate a resolution of spousal support.

We assist you in determining the issues surrounding spousal support. We help negotiate a fair resolution of those issues or advocate on your behalf in Court if an acceptable agreement cannot be reached.

Child Support

Child support is the legal right of the child. However it is typically paid by one parent to another. The base amount of child support to be paid in British Columbia is based on the federal Child Support Guidelines. The issue of child support must be resolved before a divorce can be obtained as a Judge cannot make a Divorce Order without first being satisfied that acceptable financial arrangements are in place for any children of the marriage.

The duty to pay child support generally continues until a child turns 19 years old. The duty continues beyond that if a child remains a dependent for various reasons including disability or because pursuing post-secondary education.

If a child remains largely with one parent then child support is typically paid to that parent by the other. If a child spends roughly equal time with both parents then child support is paid by the higher income earner to the other, with adjustments to reflect the shared responsibility. Other guardians and step-parents may also have a duty to support a child.

There are many factors relating to child support that will depend on the circumstances of a particular family. We assist you in understanding rights and responsibilities relating to child support in your unique situation and help you to arrive at a fair and equitable resolution of child support issues.

Family Law Resources

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