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Divorce Lawyers in Surrey BC

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With over 12 years in practice, Onyx Law Group’s team of divorce lawyers serving Surrey is dedicated to providing comprehensive family law services for individuals navigating the often complex and emotionally charged process of separation. Our lawyers have a deep understanding of the legal issues surrounding divorce, including financial disputes, child custody, relocation and more.

Our firm specializes in representing clients in high-conflict and complex divorce cases. Our goal is to empower clients to understand and control the process, rather than feeling overwhelmed by it. We are dedicated to protecting our clients’ rights and interests and ensuring that their needs are met throughout the divorce process.

Whether you are just starting the process or are in the middle of a difficult dispute, Onyx Law Group’s experienced Surrey divorce lawyers can help you navigate the legal system and achieve a fair resolution for you and your family.

Onyx Law Group serves Surrey families from our New Westminster office; a divorce and any division of property go through the BC Supreme Court at the New Westminster Law Courts on Carnarvon Street, while Surrey’s Provincial Family Court on 57 Avenue handles parenting and support under the Family Law Act.

(604) 900-2538

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    Family Law & Divorce in Surrey

    As experienced British Columbia Family Law and Divorce Lawyers we understand that every Surrey family is unique and so are their legal needs. That’s why we are committed to working closely with you to craft the right solution for your specific circumstances. Our goal is to help you navigate the challenges of your family law matter and achieve a positive outcome that allows you to confidently move forward in your life. We are here to support you and advocate for your rights every step of the way. Let us help you find the right path forward for you and your family.

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    The Reality of Divorce in Surrey, BC

    Divorce can be one of the most emotionally charged decisions anyone will ever have to confront. As family law specialists, we have guided many individuals through this tumultuous period. From separation agreements to legal representation in divorce proceedings, we aim to provide cost-effective solutions tailored to your needs.
    The decision to end a marriage is rarely clear-cut, and it’s often entangled with deep emotional, familial, and financial considerations. So before making a decision, let’s consider some critical reflections and steps to weigh before moving forward with a divorce.

    Emotional-Assessment-vancouver

    Emotional Assessment

    First, it’s important to distinguish between a temporary marital strain and irreconcilable differences.

    All marriages have their challenges, but not all are meant to end in divorce. Are you going through a rough patch, or have you been unhappy for several years? Is there emotional and/or physical abuse? Safety and mental well-being are priorities, and in such cases, seeking immediate help and considering divorce could be the right step.


    Communication and Counseling

    Have you exhausted the routes of communication?

    A breakdown in communication can make small rifts seem insurmountable. Marriage counseling can offer a mediated environment to voice feelings and concerns, providing tools to rebuild a faltering relationship. Sometimes, the realization that the marriage cannot be saved comes during counseling, and that’s okay too. Also, through alternative dispute resolution methods like mediation, parties can resolve issues amicably without the need for court proceedings.

    Can-an-Ex-Wife-Contest-a-Will-in-BC-Legal-Rights-of-a-Divorcee

    Impact-on-the-Family-vancouver

    Impact on the Family

    While staying together “for the kids” is a noble concept, it’s essential to discern whether the home environment is healthy or toxic with the marriage in its current state.

    Children are perceptive and can be more affected by an environment filled with conflict than by a well-managed co-parenting situation post-divorce. Our legal services prioritize the well-being of families, ensuring children involved in separation and divorce are protected. Also, our child custody lawyers at Onyx Law Group prioritize parenting time and creating child-focused separation agreements.


    Legal and Financial Implications

    Understanding the legal and financial implications of divorce is crucial. This includes potential spousal support, division of assets/debts, and child support or custody arrangements.

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    Preparation for the Next Steps

    If divorce seems to be the only resolution, it’s important to prepare. The whole process of legal separation and divorce requires careful planning, including gathering financial documentation and working with skilled Surrey divorce lawyers.

    This includes gathering financial documents, considering living arrangements, and reaching out to a family law lawyer. Transitioning from considering divorce to deciding on divorce means shifting from an emotional perspective to a more practical one.

    The Process of Divorce in Surrey

    1. Grounds for Divorce

    In Canada, you can file for divorce for one of three reasons:

    • Separation for one year with the intention of ending the marriage

    • Adultery

    • Physical or Mental Cruelty

    The most common ground is one year of separation, meaning living apart with the intention of ending the marriage. During this period, couples can live in the same home but must live separate lives (eat, sleep, and live separately).

    2. Filing for Divorce

    Completing and filing a Notice of Family Claim at the Supreme Court registry. The spouse who files for divorce is called the “claimant,” and the other spouse is the “respondent.”

    Note: At least one spouse must have lived in British Columbia for at least six months before filing the divorce application.

    3. Serving Divorce Papers

    After filing the papers with the court, you must serve your spouse with a copy of the filed Notice of Family Claim as the court needs to know that the respondent has been officially informed of the divorce proceedings.

    4. Response from Spouse

    After being served, your spouse has 30 days to respond (if they live in Canada) by filing a Response to Family Claim.

    If your spouse doesn’t respond within the set timeframe, you can apply to the court for a default judgment, allowing you to proceed with the divorce without your spouse’s response.
    If you are the “respondent” you may disagree with anything and/or make your own claims in this document.

    5. Requesting a Divorce Order

    If all issues are settled and the respondent has been served, you can request a divorce order from the court. If the judge is satisfied that all criteria for a divorce have been met, they will grant a Divorce Order.

    6. Finalizing the Divorce

    Your divorce will become final 31 days after the judge grants the Divorce Order. At this point, you can request a Certificate of Divorce, proving the divorce is official and allowing either party to remarry.

    Surrey Asset Division Lawyers

    Asset Division

    At our firm, our family lawyers have experience in dividing assets during the divorce process. We work to ensure that you receive what you are rightfully owed. Dividing property can be a complex process, but by thoroughly evaluating what each party owns individually and jointly, we can work towards a fair outcome. In Surrey, British Columbia it is especially important to consider the historical value of pre-owned property when determining the distribution of assets following a separation.


    Divorce in Surrey

    If you need to obtain a divorce order as part of your family law case in Surrey, we can assist you. While a divorce order may be necessary in some situations, it is often not the first priority after a relationship ends. Instead, there may be more pressing concerns that require immediate attention, such as financial security and arrangements for any children involved. If a divorce order is needed, we can help you navigate the process.

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    Child support lawyers in Surrey

    Child Support

    Our Surrey Family Law and child support lawyers can help you protect your child’s right to adequate financial support. It is widely accepted that children are entitled to have the financial resources of both parents available to support them as they grow and develop. While there are many online resources that can provide an estimate of the basic monthly child support obligation under the Federal Child Support Guidelines, our lawyers can help you navigate the process and ensure that your child’s rights are protected.


    Spousal Support

    With a wealth of experience in Spousal Support Advisory Guidelines, we can provide clear, easy-to-understand advice about how spousal support will affect your life after separation. Our team is dedicated to helping you navigate this complex area of law and achieve a favourable outcome for your situation.

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    Parental Autonomy vs. Pro-contact Approaches

    Co-Parenting Responsibilities

    We are dedicated to safeguarding children from the harmful consequences of divorce and will collaborate with child experts, physicians, and therapists to ensure that your perspective and your child’s perspective are considered during this highly emotional process.


    Premarital and Cohabitation Agreements

    Our Surrey lawyers can help you determine if a premarital or cohabitation agreement is the right choice for you. These agreements are useful for outlining financial expectations in the event of unforeseen circumstances, such as separation or divorce. Every couple has different needs, so it’s worth considering the benefits of having a written agreement in place. Rather than asking “do I need an agreement?”, you may want to consider “why wouldn’t I have an agreement?”

    Premarital and Cohabitation Agreements

    Our Family Law Lawyers Serving Surrey

    Family Law

    Judith A. Janzen

    Principal Lawyer
    Family Law

    Rupinder Shoker

    Associate Counsel
    Family Law

    Mason Heller

    Associate Lawyer
    Estates & Trust Litigation, Family Law

    KATYA RICHARDSON

    Associate Counsel 

    Family Law

    Shivleen Sidhu

    Associate Lawyer

    Each client deserves our undivided attention and will be made to feel valued and heard. When clients place their trust in Onyx Law Group as their advocate, they can be sure that we will represent them with vigilance, compassion and professionalism.

    Where Surrey Divorce Cases Are Heard

    A divorce itself can only be granted by the BC Supreme Court, and for Surrey families the nearest registry is the New Westminster Law Courts on Carnarvon Street. Anything involving the division of property or debt also goes through Supreme Court there. Surrey does have a busy Provincial Family Court on 57 Avenue, and that court can deal with parenting time, guardianship and child or spousal support under the Family Law Act, often faster and without filing fees, but it cannot end the marriage or split the assets. We help Surrey clients decide which court fits their situation, and our New Westminster office is a few minutes from the registry when Supreme Court steps are needed.

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