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FAMILY LAW

FAMILY LAW

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Squamish: 604.892.5254  Whistler: 604.932.3211

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Family Law Lawyers

Support During Life Transitions

Separation, divorce, and parenting disputes can be some of the most stressful experiences a person faces. Major relationship changes often bring legal, financial, and emotional uncertainty.

The family law lawyers at Coast Mountain Law provide clear, practical legal advice to individuals and families across Squamish, Whistler, Vancouver, and the Sea-to-Sky Corridor. Whether you are planning for the future with a partner, navigating separation, or resolving issues involving children, property, or financial support, our team helps clients move forward with confidence and clarity.

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How Our Family Lawyers Can Help

Family law in British Columbia is primarily governed by the Family Law Act and the Divorce Act, which establish the legal framework for parenting decisions, support obligations, and property division. Our lawyers help clients understand how these laws apply to their specific circumstances and work toward practical, effective solutions.

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Reach out to us today for a consultation to discuss your legal options by filling out the contact form or by calling us at | Squamish: 604.892.5254 | Whistler: 604.932.3211 |

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Our Family Law Lawyers

Our family law lawyers work closely with individuals and families across British Columbia to provide clear, practical legal guidance. With experience in divorce, separation, parenting matters, property division, and support issues, the team focuses on helping clients move forward with informed and confident decisions.

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Karin Emond
PARTNER


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Graham Laschuk
COUNSEL

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Ryan Kinghorn
ASSOCIATE LAWYER


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Divorce & Separation

  • In British Columbia, spouses are considered separated when they begin living “separate and apart.” This usually occurs when spouses move into different homes, but separation can also occur while living under the same roof if the relationship has ended.

    The date of separation is important because it can affect issues such as:

    → division of property and debt
    → entitlement to spousal support
    → parenting arrangements
    → eligibility to apply for divorce

    Even when spouses remain in the same home temporarily, the relationship may still be legally considered separated if there is evidence that the marital relationship has ended.

    Because the legal consequences of separation can be significant, it is often helpful to obtain legal advice early to understand your rights and options.

  • When spouses have resolved all issues related to their separation—such as parenting arrangements, support, and property division—they may proceed with what is commonly known as an uncontested divorce, sometimes called a desk-order divorce.

    In these situations, the only remaining step is to ask the Supreme Court of British Columbia to formally grant the divorce order. The application is typically reviewed by a judge without requiring the parties to attend a court hearing.

    There are generally two ways an uncontested divorce can proceed:

    → One spouse files for divorce and the other does not file a response
    → Both spouses file a joint application requesting the divorce order

    Although uncontested divorces are simpler than contested cases, the application process still requires careful preparation of court documents. Errors in paperwork or missing documents can result in the court rejecting the application and causing delays.

  • Many people assume that an uncontested divorce is straightforward, but the court process is technical and document-driven. A large number of self-prepared applications are rejected by court registries due to procedural mistakes.

    Common issues include:

    → incomplete documentation
    → incorrectly completed forms
    → missing supporting documents
    → procedural errors in filing

    Working with a lawyer can help ensure the application is properly prepared and submitted, reducing the risk of delays and unnecessary stress.

  • For clients seeking assistance with an uncontested divorce, Coast Mountain Law offers flat-fee services:

    → Uncontested divorce without children: $2,000 plus taxes and disbursements
    → Uncontested divorce with children: $2,500 plus taxes and disbursements

    These services are designed to help clients complete the divorce process efficiently while ensuring that the required legal steps are properly handled.

  • Collaborative divorce is a voluntary, out-of-court process designed to help separating spouses reach a resolution in a respectful, transparent, and solution-focused way. Rather than taking an adversarial approach, both parties commit to working together with their collaboratively trained lawyers to negotiate a mutually acceptable agreement. The process typically involves a series of structured meetings and may include neutral professionals—such as financial specialists or family professionals—to support informed decision-making around parenting, support, and division of assets.

    A key feature of the collaborative process is that all participants agree not to go to court. If the process breaks down, both lawyers must withdraw, and the parties retain new counsel for litigation. This shared commitment encourages open communication, full financial disclosure, and a focus on long-term outcomes rather than short-term positions. Collaborative divorce can be particularly effective for families who want to preserve working relationships, minimize conflict, and maintain greater control over both the process and the outcome.

The breakdown of a relationship often raises complex legal questions involving parenting, financial support, and the division of property. Understanding your rights and responsibilities early can help reduce conflict and create a clearer path forward.

Our family law lawyers assist clients with both negotiated resolutions and court proceedings, helping them resolve family law issues in a practical and cost-effective manner.

When parents separate, decisions must be made about guardianship, parenting time, and parental responsibilities. Under both the Family Law Act and the Divorce Act, these decisions must prioritize the best interests of the child.

Our family law lawyers work with parents to establish clear parenting arrangements that support stability, safety, and meaningful relationships for their children.

Parenting Arrangements & Guardianship

  • Guardianship refers to a parent’s authority to make important decisions for a child and to ensure their safety, well-being, and overall care.

    Parental responsibilities may include decisions about:

    → education
    → healthcare
    → religious or cultural upbringing
    → extracurricular activities
    → general care and supervision

    In most situations, both parents remain guardians of their children following separation. When responsibilities are shared, parents must consult each other about major decisions affecting the child.

    In certain circumstances—such as concerns about safety, addiction, or family violence—the court may grant one parent sole decision-making authority.

  • Parenting time refers to the schedule under which a child spends time with each parent. While the term “custody” is still commonly used, British Columbia law now focuses on parenting time and parental responsibilities.

    Parenting arrangements vary depending on the circumstances of each family and may include:

    → shared parenting schedules
    → primary residence with one parent
    → flexible parenting arrangements
    → supervised parenting time

    When determining parenting arrangements, courts focus on the best interests of the child, which is the central legal principle under both the Family Law Act and the Divorce Act.

  • Parenting arrangements sometimes need to change as children grow and family circumstances evolve.

    A parent may seek to vary an existing parenting order or agreement if there has been a material change in circumstances, such as:

    → changes in work schedules
    → relocation of a parent
    → evolving needs of the child
    → concerns about safety or well-being

    Courts will always evaluate whether the proposed change supports the child’s best interests.

  • Relocation cases arise when a parent wishes to move with a child after separation.

    British Columbia law requires a parent proposing a relocation to provide formal notice to the other parent and to demonstrate that the move is in the child’s best interests. Courts consider several factors, including:

    → the child’s relationship with each parent
    → the reasons for the move
    → the impact on the child’s stability and routine
    → the effect on the child’s relationship with the other parent

    Because relocation can significantly affect parenting arrangements, these cases often require careful legal preparation.

Financial support obligations may arise following separation or divorce. These arrangements are designed to promote fairness and financial stability for both spouses and children.

Our lawyers assist clients with understanding their rights and responsibilities regarding both child support and spousal support, whether these matters are resolved through negotiation or court proceedings.

Child Support & Spousal Support

  • Child support is the legal right of the child and is typically determined using the Federal Child Support Guidelines.

    The amount of support generally depends on:

    → the income of each parent
    → the number of children involved
    → the parenting schedule
    → certain additional expenses for the child

    Support may be adjusted if incomes change or if parenting arrangements are modified.

  • In addition to basic child support, parents may share responsibility for certain additional expenses known as special or extraordinary expenses.

    These costs may include:

    → daycare or childcare
    → extracurricular activities
    → tutoring or educational programs
    → medical or therapy expenses

    These expenses are typically shared between parents based on their respective incomes.

  • Spousal support is financial assistance that one spouse may pay to the other following separation or divorce.

    The purpose of spousal support may include:

    → addressing financial advantages or disadvantages created during the relationship
    → sharing the financial impact of childcare responsibilities
    → helping a spouse become financially independent over time

    Courts may consider factors such as the length of the relationship, each spouse’s financial circumstances, and the roles each person played during the relationship.

  • Support arrangements may change over time. If there is a material change in circumstances, such as a change in income or parenting arrangements, support orders or agreements may be varied.

    Legal advice can help determine whether a variation is appropriate and how to pursue the change.scription

Following separation, spouses must address the division of assets and debts accumulated during the relationship. In British Columbia, the Family Law Act generally provides for an equal division of family property and family debt between spouses.

However, determining how property should be divided can be complex. Certain assets may qualify as excluded property, and the way assets have been used during the relationship can affect how they are treated.

Our family law lawyers assist clients with identifying, valuing, and dividing property in a way that protects their financial interests and complies with BC law.

Property Division in British Columbia

  • Under the Family Law Act, family property generally includes assets acquired by either spouse during the relationship.

    Examples of family property may include:

    → the family home
    → bank accounts and savings
    → investments and retirement accounts
    → pensions
    → vehicles and other valuable assets
    → businesses or business interests

    In most cases, family property is divided equally between spouses after separation. This means that each spouse is typically entitled to half the value of the property accumulated during the relationship.

    Determining the value of certain assets—particularly businesses, pensions, or investment portfolios—may require professional financial analysis.

  • Excluded property refers to certain assets that generally remain the property of the spouse who originally owned them.

    Common examples include:

    → property owned before the relationship began
    → inheritances received by one spouse
    → certain gifts from third parties
    → personal injury settlements

    However, while the original asset may remain excluded property, any increase in value during the relationship may still be shared between spouses.

    For example, if one spouse owned a home before the relationship and the home increased in value during the marriage, the increase in value may be considered family property.

    Determining what qualifies as excluded property can be legally complex and often requires careful legal and financial analysis.

  • Property division involves addressing both assets and debts accumulated during the relationship.

    This process may include:

    → identifying all assets and liabilities
    → determining whether property is family or excluded property
    → valuing property such as homes, businesses, and investments
    → negotiating a fair division of assets and debts

    Property division is often resolved through negotiation or through a separation agreement, but if an agreement cannot be reached, the court may determine how property should be divided.

    Because financial decisions made during separation can have long-term consequences, obtaining legal advice early can help ensure that property division is handled properly.

A separation agreement is a legally binding contract that outlines how spouses will resolve the legal issues arising from a relationship breakdown.

Although spouses do not need a written agreement to be legally separated, separation agreements often help create clarity and stability during a difficult transition.

Our family law lawyers regularly assist clients with negotiating, drafting, and reviewing separation agreements to ensure that they are fair, enforceable, and tailored to each family’s circumstances.

Separation Agreements

  • A separation agreement typically addresses many of the major legal issues arising from a relationship breakdown.

    These may include:

    → parenting arrangements and parenting time
    → child support obligations
    → spousal support arrangements
    → division of family property and debt
    → communication or conduct expectations between spouses

    By addressing these issues in a written agreement, spouses can reduce uncertainty and avoid the need for court proceedings.

    A carefully prepared separation agreement provides structure and allows both parties to move forward with greater clarity.

  • For a separation agreement to be fully enforceable, it is strongly recommended that both spouses receive independent legal advice before signing.

    Independent legal advice ensures that each person:

    → understands their legal rights and obligations
    → enters the agreement voluntarily
    → has had the opportunity to review the terms with their own lawyer

    Without independent legal advice, a separation agreement may be vulnerable to being challenged or set aside in court.

    Obtaining legal advice before signing an agreement helps protect both parties and ensures the agreement is properly prepared.

Many couples choose to clarify financial expectations and property rights through relationship agreements.

A cohabitation agreement is typically used by partners who plan to live together without getting married, while a marriage agreement (often called a prenuptial agreement) may be created before or during marriage.

These agreements help couples establish clear expectations and can reduce the likelihood of disputes if the relationship ends.

Cohabitation & Prenuptial Agreements

  • A cohabitation agreement is a written contract between partners who plan to live together in a marriage-like relationship.

    The agreement may address matters such as:

    → ownership of property
    → financial responsibilities during the relationship
    → management of shared expenses
    → division of assets and debts if the relationship ends

    These agreements allow couples to proactively address financial matters and create clarity about how assets will be treated.

    When properly drafted and supported by independent legal advice, cohabitation agreements can provide important legal protection for both partners.

  • A marriage agreement—commonly called a prenuptial agreement—is similar to a cohabitation agreement but is used when a couple intends to marry or is already married.

    These agreements may address:

    → which property belongs to each spouse
    → how assets will be divided if the relationship ends
    → financial responsibilities during the marriage
    → treatment of future assets or inheritances

    Relationship agreements can help couples protect certain assets and establish financial expectations early in the relationship.

  • Over time, major life events may significantly change a couple’s financial and legal circumstances. Because of this, relationship agreements should occasionally be reviewed and updated.

    Common reasons to update an agreement include:

    → having children
    → purchasing a home or investment property
    → significant changes in income
    → receiving an inheritance
    → merging finances or taking on shared debt

    Updating agreements ensures they continue to reflect the couple’s intentions and helps reduce the risk of future disputes.

  • Unbundled legal services allow clients to retain a lawyer for specific parts of a legal matter rather than for full representation throughout the entire process.

    This model allows clients to:

    → access professional legal advice when needed
    → remain involved in managing their case
    → reduce overall legal costs

    Many clients find this approach helpful when they are comfortable handling some aspects of their case but want professional guidance on more complex issues.

  • Unbundled legal services may include assistance with specific legal tasks such as:

    → reviewing or preparing court forms
    → providing legal advice and strategy guidance
    → drafting agreements
    → negotiating with opposing counsel
    → representing a client at a court appearance
    → preparing for mediation or trial

    By focusing legal assistance on key steps in the process, clients can receive meaningful legal support while maintaining control over their legal expenses.

  • Unbundled services may be particularly helpful for individuals who:

    → want to manage their legal budget carefully
    → feel comfortable handling certain aspects of their case independently
    → need assistance with a specific legal step or document

    This flexible approach allows clients to obtain targeted legal support while still benefiting from professional legal guidance.

Family law matters can sometimes involve significant legal costs. For clients who prefer a more flexible approach, unbundled legal services allow individuals to hire a lawyer for specific tasks while managing other aspects of their case independently.

This approach—sometimes referred to as limited-scope representation—has become increasingly common in British Columbia as families look for ways to manage legal costs while still receiving professional guidance.

Unbundled Legal Services

Many family law matters are resolved through negotiation, mediation, or separation agreements. However, when parties cannot reach an agreement, court proceedings may become necessary.

Our family law lawyers represent clients in both the Provincial Court and the Supreme Court of British Columbia, providing strategic advocacy and guidance throughout the litigation process.

Family Law Litigation

  • A contested family law matter arises when spouses cannot resolve one or more issues related to their separation.

    These disputes may involve:

    → parenting arrangements
    → child support or spousal support
    → division of property or debt
    → relocation disputes

    Although court is often considered a last resort, litigation may sometimes be necessary to resolve complex disputes.

  • Family law trials can be complex and require careful preparation. The process may involve gathering financial records, preparing legal arguments, and presenting evidence before a judge.

    Trials may last anywhere from several days to several weeks depending on the number and complexity of the issues involved.

    During a trial, each party may be required to provide detailed information about their financial circumstances, parenting arrangements, and relationship history.

  • Family law litigation involves strict procedural rules and legal requirements. A family lawyer helps guide clients through each stage of the process by:

    → preparing court documents and legal arguments
    → gathering and presenting evidence
    → negotiating potential settlements
    → advocating on the client’s behalf in court

    Because litigation can be emotionally and legally demanding, experienced legal representation helps ensure that a client’s rights and interests are protected throughout the process.

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Whether you are facing a family dispute, employment issue, real estate transaction, or estate matter, our team is here to help.