Family law · Vancouver, British Columbia

What happens next,
in the order it happens.

Separation. Parenting. Support. Divorce. Written the way the work actually goes, not the way a brochure would tell it.

Read it when you can. Nothing on this page asks you to decide today.

Family law only Your file stays with the lawyer you met Fees agreed in writing first

The firm

You do not have to have decided anything yet

Most people who sit down with us are still working out whether there is anything to decide. That is a reasonable thing to book an hour for, and it is what the first hour is for.

You tell us where things stand, in whatever order it comes out. We ask the questions that decide which route is open to you. Then we tell you what your options are and which one we would take if the file were ours. You leave with that written down, one page, plain English, yours to keep whether you come back or not.

See how a matter proceeds →   Read the common questions →

What people expect

A process nobody explains, on a clock nobody shows you, with a bill that arrives afterwards and settles the question of whether it was worth it.

What actually happens

The route is chosen in the first hour and written down. The fee for each stage is agreed before that stage begins. Nine files in ten never see a courtroom.

An hour, and what is left on the table
Fixed in writingEvery fee is agreed and written down before any work begins.
Nobody chases youThere is no follow-up sequence and nobody telephones you afterwards.
Privileged from minute oneEverything you say is privileged from the first minute of the first meeting, including the parts you are not sure you should say.

Financial matters

When it is more than a house
and two accounts.

Plenty of files turn on one number nobody has worked out yet. A company, a pension, a flat bought years before any of this started. Those get settled with records rather than argument, and the order the questions are asked in decides what the answers cost.

We will also say when a number is not worth chasing. A valuation takes weeks and it is charged for. If the figure it produces cannot move the outcome, that is worth knowing before it is ordered instead of after.

Following one asset through

BeforeAn inheritance, a gift, or a flat you already owned when the two of you met.
The years you were together
ThenIt goes into an account, and that account pays for something else.
And thenWhich becomes a deposit, a renovation, or a second property in one name.
TodayOnly the part that can still be followed through all of that is excluded.
What can be traced stays yoursThe tracing is the work, and it is done out of statements and completion documents rather than out of anybody's memory of it.
What it grew by is sharedHowever it started. That single line surprises people more than anything else on this page, and it is worth knowing before you decide what to fight about.

Agreements

Signed is not the same as enforceable.

Agreements do get set aside, and it is nearly always one of three places on the page. Every one of them is avoidable while it is being drafted and none of them is fixable afterwards.

01
The disclosure schedule

What each of you owns and owes, with documents behind it. Thin or missing, and the whole agreement is the easy kind to undo. It is the person who left something out who loses.

02
The certificate of independent advice

You each use your own lawyer, and there has to be real time to do it. Dated the week of a wedding, it invites the argument that one of you had no practical choice about signing.

03
The review clause

Incomes move, children change schools, somebody wants to live in another city. An agreement that never considered any of that gets argued over instead of read.

What we draft, and what we read

Four versions of
the same piece of work.

The work underneath each of them is the same. Find out what there really is, say what it means for the two of you, and write it down so that nobody has to come back and ask us again in four years.

Before you move in togetherA cohabitation agreement. It matters most for what each of you is bringing in and intends to keep separate.
Before a weddingA marriage agreement, drafted far enough ahead that nobody can later say it was signed under the pressure of a date.
On separationThe agreement that closes the file: parenting, support, property and debt, written so that it can be filed and enforced.
One that has been handed to youIf somebody has sent a draft and asked you to sign it, reading it properly is a piece of work on its own. We tell you what it does, and we say plainly when you should not sign.

How matters proceed

The order of things,
start to finish.

What makes this feel impossible is that nobody tells you the order. Here it is, for a separation that settles, which most of them do.

  1. 01

    You book a time

    Online or by telephone, without a form asking why. Evenings are available.

    What we need from you
    Nothing. No forms, no documents, and no account to make.
    What you leave with
    A time, and the name of the lawyer who will be in the room.
  2. 02

    We talk for an hour

    You get your options, what each one is likely to cost, and which one we would take if the file were ours.

    What to bring
    Whatever you already have. Nothing is required, and nothing is chased.
    What you leave with
    Your options written down, one page, plain English, yours to keep.
  3. 03

    We gather the facts

    Income, property, debts, dates. Most of it you already have; we tell you exactly which parts matter.

    What we ask you for
    Income, property, debts, and the dates that decide which route is open.
    What we do not ask for
    Anything we can obtain ourselves, and anything that changes nothing.
  4. 04

    We put a proposal to the other side

    In writing, in plain terms, with the reasoning attached so it can be answered rather than argued with.

    Who writes it
    The lawyer you met. You read it before it goes anywhere.
    Where it goes
    To the other side, or to their lawyer if they have one.
  5. 05

    It settles, or it goes to mediation

    Roughly nine files in ten never see a courtroom. Escalation is expensive and mostly optional.

    Who decides
    You do. Court is a route, and it is not the destination.
    If the room does not settle
    Nothing is lost. What was agreed on the day still stands.
  6. 06

    The paperwork is filed

    The agreement or the divorce order, filed and returned to you as one package when the file closes.

    Who files it
    We do. You are not sent to a registry with a form.
    What you keep
    One package: the agreement or the order, and everything behind it.

Where people are when they call

Six moments, and not one
of them needs a decision first.

Pick the one that sounds like where you are. It decides which parts are urgent and which parts can wait until you have slept on them.

You have separated and nothing is written down

The date you separated counts for more than most people expect. It starts clocks, and it is far better fixed in writing early than reconstructed two years later in an argument about which conversation counted.

Worth doing this week
Write down the date and what was said, for yourself. It costs nothing and it is evidence.

You are still living under the same roof

Separating does not require anybody to move out, and moving out does not settle who keeps the house. Both of those are widely believed and neither is right.

What actually matters
Who lives there and who owns it are separate questions, answered separately and often months apart.

You were never married

Two years of living together puts most couples under the same property and support rules as a married couple. People tend to find this out late, and it changes the whole picture rather than part of it.

The one hard edge
Unmarried couples have a shorter window to bring a property claim. It is the one thing here that cannot be recovered late.

Support stopped matching the income

A figure set years ago against an income that has since moved is a variation rather than a new case, and it can usually be dealt with without reopening anything else in the file.

What we ask for first
The last three years of income, both sides. Most of the answer is in those pages.

The parenting arrangement stopped working

Children get older and work changes. A move to another town carries its own notice requirements and its own timeline, and starting late is what makes it expensive rather than difficult.

If a move is coming
Notice has to be given properly and in time. Ask before anybody signs a lease.

Somebody has asked you to sign

You are entitled to your own advice and to the documents behind the numbers. Both, before you sign rather than after. A draft that arrives with a deadline attached is worth reading more slowly, not less.

The short version
Nobody can require you to sign anything today.

Common questions

What we are asked
in the first ten minutes.

Much the same six, in roughly this order, by almost everybody who sits down. The answers are here because you should not have to book an hour to get them.

Do I have to go to court? Usually not

Most files finish by agreement or in mediation. Court is one route to a decision and it is the slowest and the dearest one. It is the right route where there is urgency, a real risk, or somebody who will not disclose, and we will tell you if that is where you are rather than letting you find out by drifting there.

How long will this take? It depends on disclosure

A file where both sides produce their documents inside a month behaves nothing like one where that takes a year, and the difference is almost never the law. We will put dates on the parts we control and we will not invent them for the parts we do not.

What is this going to cost? Agreed before it starts

Every fee is agreed and written down before that stage of the work begins, so the number is never something you learn afterwards. What moves it is rarely the hourly rate. It is how much of the work goes on chasing things that should simply have been handed over.

Who keeps the house? Two separate questions

Who lives in it and who owns it are answered separately, and often at different times. Nobody wins the house by staying in it and nobody gives it up by leaving, though the leaving is worth doing on advice rather than in a bad week.

Does it matter who starts first? Occasionally, and then it matters a lot

For most of a file, no. Where it counts is where a time limit is running, where money is moving, or where a child is about to be relocated. Those are worth checking in the first week rather than assuming, because they are the few things that cannot be recovered later.

Can the two of us use one lawyer? No, and here is the version that works

One lawyer cannot advise two people whose interests might part company, and an agreement built that way is the easiest sort to challenge afterwards. Mediation is the version of that idea which does hold: one neutral in the room, and each of you advised separately on what you are being asked to sign.

Ask us the one that is not here →

Who you would be working with

Two lawyers, and the one
you meet keeps your file.

There is no handing down to a junior you have never spoken to, and no reintroducing yourself to somebody new in month four.

M. Alder, K.C. Property and support

Called to the BC bar in 2004. Collaborative law training. Reads the property files, and will tell you when a fight over the house costs more than the house.

R. Woodward Children and parenting

Called to the BC bar in 2013. Parenting coordination. Takes the files with children in them, and writes arrangements that survive a change of address.

When court is right And when it is not

The job is to get you out of this chapter with your money, your parenting time and your composure intact. Files that stay out of court do that faster and for a fraction of the cost.

What you are agreeing to

One hour, a fee agreed
beforehand, a plan on paper.

That is the whole of it. Nothing starts, and nothing is billed, before you have seen it written down.

Privileged from minute oneIncluding the parts you are not sure you should say.
Fees agreed in writingBefore any work begins, for every stage, without exception.
Evening appointmentsWeekdays, with evenings available when the day will not stretch.
By video, province-wideDowntown Vancouver in person, or anywhere in British Columbia by video.
One lawyer, start to finishThe person you met in hour one is the person who closes the file.
Nobody chases youNo follow-up sequence, no telephone call afterwards. You decide when.

Contact

Book a first meeting

One hour, a fixed fee agreed beforehand, and a plan on paper at the end of it. That is the whole of what you are agreeing to when you book.

Telephone
(604) 555-0163
Email
[email protected]
Office
Downtown Vancouver, or by video anywhere in the province
Hours
Weekdays, with evening appointments available
Privilege
Everything you say is privileged from the first minute of the first meeting, including the parts you are not sure you should say.