The separation of a married couple for at least one year is the usual basis for a divorce in Canada. Since the court is not interested in who is to blame for the breakup of the marriage, this is called a "no-fault divorce".
UNCONTESTED/CONTESTED DIVORCE
A Separation Agreement may be entered into prior to or during the period of separation to decide matters of child custody, support, access and guardianship; spousal maintenance; and the division of family assets (the "Divorce Issues") - or these issues may be decided later at the divorce application stage. When the spouses have reached an agreement on all the Divorce Issues they have an "uncontested divorce".
If a spouse can prove that they have suffered from their spouse’s mental or physical cruelty or that their spouse has committed adultery, they can apply for divorce without waiting a year. However the court must be convinced - based on corroborating evidence - that the cruelty or adultery did actually occur and this may involve investigators, expert witnesses and or psychiatrist or psychologist reports.
WHAT DO I NEED TO DO?
Metro Law deals with all types of divorces including contested or uncontested, no-fault divorces, child support, spousal support, custody and access. Please call 604. 434. 5100 or email us at info@metrolaw.ca or fax us at 604. 434. 5004 for an appointment.
SEPARATION AGREEMENTS
We believe that a Separation Agreement should be entered into as early as possible. A good Separation Agreement creates a friction-free, livable compromise for all parties - especially the children of the marriage - and provides a healing or cooling-off period which can give rise to reconciliation. If reconciliation is successful, the Separation Agreement is simply torn-up or set aside.
FEES
Our legal fees are fair and reasonable- government fees, taxes, disbursements, process servers, marriage or divorce certificates and substitutional service are extra. Drop by for an assessment of your case so we can review your needs and give you a better estimate of your costs. Our focus is to create low-cost solutions for you through negotiation, settlement and mediation, if possible.
We can assist you with:
Uncontested/contested divorce without children
Uncontested/contested divorce with children
Child custody and access applications
Child and or spousal support applications
Separation Agreement
Marriage/Co-Habitation Agreement
Independent Legal Advice on family transfer or agreements
Address: Suite 1141 - 4700 Kingsway Burnaby, British Columbia, Canada V5H 4M1.
