Start by identifying the decisions that cannot wait
Some separations are mostly about organizing a new routine. Others involve urgent questions about where children will live, access to money, family violence, preserving property or complying with an existing court order. Before negotiating a complete settlement, identify any immediate safety, parenting, housing or financial issues that require prompt legal advice.
B.C. family matters can involve both provincial and federal legislation. The applicable law depends on the issue, the relationship and whether divorce is being sought. That is one reason generic online answers should be treated as a starting point rather than a substitute for advice about the actual facts.
Parenting arrangements and the best interests of the child
Parenting arrangements can address where a child lives, how parenting time is shared, how decisions are made and how parents communicate. B.C. government guidance emphasizes the child’s best interests. A workable arrangement should be specific enough to reduce conflict while still accounting for school, activities, holidays, travel and the child’s changing needs.
Parents dealing with separation can access free Family Justice services in B.C., and the province offers a free online Parenting After Separation course. Family Justice information and Parenting After Separation are useful official starting points.
Child support
Child support is not simply a private bargaining item between parents. Amounts and obligations can depend on income, parenting arrangements, special or extraordinary expenses, and the applicable child-support guidelines. Accurate financial information matters, especially where income is variable, self-employment is involved or disclosure is incomplete.
Spousal support
Spousal support is a separate issue from child support. Entitlement, amount and duration can depend on the circumstances of the relationship and separation. A lawyer can help assess whether support is likely to be payable, what information is needed and whether a proposed agreement is reasonable.
Family property and debt
B.C.’s Family Law Act governs division of family property and debt for many separating spouses. Provincial guidance states that couples generally share property acquired during the relationship, while property brought into the relationship is usually excluded, although increases in value may be divisible. Those are broad rules, not a complete answer for every asset. Real estate, businesses, pensions, inheritances, trusts and debt can create additional questions.
Do not assume that whose name appears on an account or title determines the final result. Before transferring, selling or encumbering significant property during a separation, obtain advice about the effect of the proposed step.
Agreements, mediation and court
Many family matters are resolved without a trial. Negotiation, mediation and written agreements can give families more control over timing and outcomes. A settlement still needs enough disclosure and legal clarity to be durable. Independent legal advice is particularly valuable before signing an agreement that affects property, support or long-term parenting arrangements.
If agreement is not possible, court may be required. The appropriate court and procedure depend on the relief requested. Our B.C. court and dispute guide explains the basic roles of Provincial Court, Supreme Court and the Civil Resolution Tribunal.
What to organize before speaking with a family lawyer
- A short chronology of the relationship and separation.
- Existing agreements, court orders and important correspondence.
- Recent income information, tax returns and notices of assessment.
- A list of major assets, debts, real estate, pensions and business interests.
- A proposed parenting schedule and any urgent concerns involving children.
- Questions about deadlines, disclosure, support and next procedural steps.
Related Burnaby family-law reading
For a more practical sequence of what to organize immediately after separation, use our Burnaby separation and divorce checklist. To verify a lawyer’s current practising status, use the finding a B.C. lawyer guide.