The Team at Baker Newby is proud to offer the full array of Family Law services to our clients. Our Team handles all Family Law services from custody disputes to business valuation and tax issues to drafting up agreements and complex divorce trials. We also handle support applications, adoptions, spousal property transfers, family farm business arrangements, separation agreements, preparation of wills, and all other family law problems.
Our lawyers work closely with experts such as accountants, business valuators, real estate appraisers, tax specialists, pension valuators, psychologists, and family counselors to ensure that even the most complicated issue is dealt with as quickly, efficiently and inexpensively as possible.
Our experienced team of staff and lawyers are passionate about finding the right solution for you and your family. We are committed to working with you to ensure that you have all the information you need to make informed decisions. At Baker Newby, we focus on the specific needs of each family during this process.
Marriage and Cohabitation Agreements
In British Columbia, the Family Courts can order support payments, such as child support or spousal support, grant a protection order, enforce previous orders, award custody and set a parenting plan, and divide property and debts.
While there may be some matters that must be dealt with through Family Court, not everything has to go to Court. See Alternatives to Court. (Link to Alternatives to Court).
Going to Court can be a very stressful and emotional experience. At Baker Newby, we are here to help you through the process.
At Baker Newby we understand that the thought of going to court can be overwhelming. While avoiding court entirely is not always an option, we are happy to offer many possible options to limit your time and money spent in court.
Marriage and Cohabitation Agreements
Mediation is an interactive approach that allows both parties to discuss their viewpoints and concerns in a neutral setting. Mediation is conducted by a mediator, who acts as a neutral third party.
Mediation is an effective way to avoid the stress and pressure from the break down of a relationship.
1. What issues are addressed in Mediation?
Many issues can be addressed during Mediation. Some examples include:
2. Does Mediation address everything?
It does not have to. For example, Mediation could address simply address Property Division and Spousal Support. Mediation is designed to allow each person to discuss the issues that matter to them most. You can go into Mediation already agreeing on spousal support, but not agreeing on Property Division. Mediation is tailored to your family’s specific needs.
3. What if violence has occurred?
The mediator has the responsibility of ensuring a safe and confidential setting for both parties. In the event that the mediator is unable to ensure both parties feel safe, the Mediation either may not occur or the Mediation may be structured with either party in a separate room or with multiple one-on-one meetings.
Mediation is about getting to a resolution so that both parties may move on from what may be a damaging relationship. Mediation is not about whether abuse has occurred or not.
4. When is Mediation available?
Mediation is available at any stage of a separation. Some people go to Mediation before any court process, while others go to Mediation after months or years of being in court.
5. How long is Mediation?
The length of Mediation depends on the cooperation of both parties and the number of issues being discussed.
For more tailored answers to your questions, please contacts our offices at (604) 792-1376.
Arbitration is very similar to Mediation; however, unlike Mediation, the Arbitrator’s decisions are final. The decision could be appealed to a court in some cases; for example if you believe the law was not correctly applied to your case. An Arbitrator is a neutral third party who listens to each party and evaluates the facts and evidence. The Arbitrator essentially acts as a judge.
1. Why should I use an Arbitrator?
Arbitration is often faster and cheaper than going to court. Arbitration also gives you more control over the process. With Arbitration you can decide when to meet with the Arbitrator, who the Arbitrator is (i.e. you could choose someone with the experience you are looking for such as experience with parenting time), and what documents you share and how you share them.
2. Is the Arbitrator’s decision binding?
Yes; however, the decision could be appealed to the court. Whether an appeal is available would depend on the decision.
Mediation-Arbitration is a hybrid of Mediation and Arbitration. The process begins with Meditation; however, in the event the parties cannot come to an agreement, any of the outstanding issues would be solved through Arbitration. This would mean that the Arbitrator could make finals decisions on all the outstanding issues. In most cases, the Mediator and Arbitrator are the same person.
Mediation-Arbitration allows the parties the initial opportunity to come to an agreement before having a neutral third party make any final decisions. It also allows both parties to move on faster with their lives, thus reducing the emotional and financial stress of going to court.
When it comes to your children, we know you only want the best for them. Parenting coordinators are experienced family law lawyers who have special training in mediating and arbitrating parenting disputes. Parenting coordination is often referred to as child-focused dispute resolution. Parenting coordination is a process that allows parents to resolve parenting conflicts with a neutral third party.
Parenting coordination allows the parents, and a neutral third party, the freedom to discuss and come up with a solution that works for both parents and the children. This process can also help minimize the amount of time and money spent on court.
The most effective way to settle issues surrounding separation is by coming to an agreement. Separation Agreements allow both parties to come to agreement with regards to Parenting Time, Child Support, Spousal Support, and Property Division. A Separation Agreement may be facilitated through Mediation, but this agreement may also be facilitated through discussions between both parties and their respective counsel.
At Baker Newby our separation agreements are drafted with the latest statute and case law in mind. It is always best to consult a lawyer before signing an agreement, for it may be difficult to make changes in the future and you want to be best protected from any un-expected future court challenges.
If an agreement is not reached between spouses or with the assistance of a mediator, court may be necessary, leaving the terms of the agreement up to a judge.
1. Why should I use a Separation Agreement?
A Separation Agreement gives you more control than the court process. A Separation Agreement allows both parties to come to an agreement on aspects such as Parenting Time and Property Division, in a way that works best for your family.
A Separation Agreement can also cut down on costs, such as the cost of going to court. However, a Separation Agreement does require both parties to act reasonably.
2. What is included in a Separation Agreement?
A Separation Agreement can include:
A Separation Agreement does not legally end your marriage or common law relationship.
3. Does a Separation Agreement have to cover everything?
No. A Separation Agreement can simply include an agreement on Spousal Support or Child Support. Separation Agreements can be tailored to your family’s needs.
4. When can I get a Separation Agreement?
You can create a Separation Agreement at anytime. Separation Agreements may be created before or after someone files for divorce.
For more tailored answers to your questions, please contact our offices at (604) 792-1376.
Our lawyers have extensive knowledge in crafting Separation Agreements. Contact our offices at (604) 792-1376 to schedule an appointment with one of our lawyers today.
Marriage and Cohabitation Agreements are for unmarried couples, engaged couples or common law couples. This agreement can help protect either party’s interest in certain property. This agreement can also outline what would happen should the relationship break down. This type of agreement can help couples understand where either person stands on certain issues. This ultimately allows the couple peace of mind that their individual concerns are met, in the event of a break down of the relationship.
1. Why should I have a Marriage and Cohabitation Agreement?
A Marriage and Cohabitation Agreement is an effective method to help avoid the often painful discussions that are required after the breakdown of a relationship. A Marriage and Cohabitation Agreement can pre-emptively outline how such matters such as Property Division will be dealt with should the relationship breakdown.
While no one starts a relationship with the intention of it ending, a Marriage and Cohabitation Agreement is a step in setting out your intentions on how you wish to share your assets and debts.
2. What can be included in these agreements?
Many issues can be addressed in these agreements. Some examples include:
3. At what time should I create a Marriage and Cohabitation Agreement?
While a Marriage and Cohabitation agreement can be created at any time, it is best if you have such an agreement before you move in together.
Our lawyers have extensive knowledge in crafting Marriage and Cohabitation Agreements. Contact our offices at (604) 792-1376 to schedule an appointment with one of our lawyers today.
How to Parent Together after Separation:
The needs and well-being of a child are always a number one concern for parents, especially during divorce or separation. At Baker Newby LLP, our family lawyers can help you create a child custody agreement that best protects your children’s interests and your parental rights.
Our lawyers are well versed in helping both married and unmarried parents find creative and practicable solutions to dividing parental responsibilities and parenting time.
If you already agree on child support, we can help ensure that this agreement is properly documented. However, in the event that you cannot agree or you are unsure of what proper child support would entail, our lawyers can help explain how the child support guidelines may be applied to your family’s situation.
These guidelines were created to help both parents and judges make informed decisions regarding proper child support.
There are numerous possibilities for arranging a parental agreement, which is why we encourage parents to go through mediation or negotiation, in order to find what works best for all parties involved.
In the event that no agreement can be made, our lawyers are always prepared to represent your interests in court. There are many challenges that arise at the end of the relationship and getting through those challenges can be intimidating, even if all parties are agreeable.
At Baker Newby, we can help you find the right solution to your family’s needs. We are here to help guide you through the process. Our goal is to ensure that you have all the tools necessary to help you and your family move forward.
There comes a point in some relationships where you have to make some critical decisions. These decisions often bring up many questions. We want to help you answer these critical questions.
Some of these questions may include:
If you had to change your work schedule or stop working in order to care for your family, you may be concerned about how you are going to support yourself after the divorce. You may also be concerned whether spousal support will become a financial burden. In either scenario, we will inform you of your rights and help you obtain a reasonable solution.
Spousal support is designed to help someone become financially independent within a reasonable time. The amount and length of time varies for each family.
Some of the details we may discuss regarding your situation may include the following:
Receiving or preventing spousal support orders cannot be guaranteed which is why we seek to help individuals come to an agreement on their own.
Dividing up your property is not always a straightforward task. Some common issues that arise include:
At Baker Newby, we have extensive knowledge and experience with everything from division of the family home to division of the family company and investments. We also offer mediation, where we can work with a mediator to resolve your property division.
For an initial consultation, tell us a little bit about your case and a member of our law firm will contact you within one business day.
In the case of Lekakis v. Lekakis, 2023 BCSC 376, the BC Supreme Court addressed how to determine whether the 40 percent threshold has been met to
Following the conclusion of a civil action the court may order an unsuccessful party to pay a financial remedy to a successful party who is
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