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Family Law FAQ

Family Lawyer | July 22, 2024 | Written by Crystal Arbour

FAQ Part 1 of 2

Q: What will it cost? 

That depends on the services you require. Most family lawyers do not charge or quote on a ‘flat fee’ due to the complex nature of family law and the likelihood of ongoing negotiations or conflict. If the issues are contested (meaning the other party does not agree with your position), then costs will likely be higher.

Family law issues that can be resolved out of court will typically cost less than going to trial.

Your family lawyer will ask for a retainer, which is not an estimate of fees but rather a starting point. If the file resolves or is closed, then any remaining retainer funds would be returned to you; if the file escalates then your lawyer would require further retainer payments.

The retainer likely will not include the fees related to independent assessors such as real estate appraisals, business valuations, pension valuations.

Q: Is what we talk about in a consultation confidential?

Every meeting between you and your lawyer is confidential. This is known as solicitor-client privilege. Your family lawyer will share the significant details of your meeting with support staff like paralegals and legal assistants in order to effectively work on your file.

However, if you bring a third party into the meeting then that person is not bound by the same rules around confidentiality. They could even be called to testify about what they discussed or heard. You should discuss whether it is appropriate to bring a third party into the meeting with your family lawyer.

Q: I have an order for child support. How do I enforce it if the other parent stops paying?

The British Columbia Family Maintenance Agency (BCFMA) can collect child support, special and extraordinary expenses, spousal support, set out in a court order or separation agreement.

Q: Do I have to keep paying bills related to the family home after I move out? 

The short answer is yes. Except in certain circumstances, the expectation is that family home expenses will not change except by agreement or order while the dispute is still ongoing. It will depend in part on whose name is on the bill – if you have the electrical bill in your name, it stands to reason that you would continue to pay it as part of the ongoing requirement to keep the lights on in the family home. Who pays what in the long run can be the subject of negotiation or litigation.

Q: My partner had an affair: does that impact what I can get (property, support) in the divorce? 

Divorce in Canada operates under a no-fault system. Any party can leave a marriage at any time, for whatever reason they choose. There is no advantage to claiming fault because it will likely not impact parenting issues, property or debt division.


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