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Divorce Lawyers in Surrey BC

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The Surrey courthouse at 14340 57 Avenue is a Provincial Court. It can make parenting, guardianship and support orders, but it cannot grant a divorce or divide property; those need the Supreme Court, which has no registry in Surrey. The nearest Supreme Court registry by road is the New Westminster Law Courts on Carnarvon Street. Surrey clients of Onyx Law Group are served from Suite 100, 26 Fourth Street in New Westminster; phone (604) 900-2538.

A separating Surrey family can end up dealing with two court buildings in two cities. Parenting and support can be handled on 57 Avenue in Newton. The divorce itself, and any claim to a house, a pension or savings, belongs to the Supreme Court, and the closest of its registries is across the Fraser in New Westminster. This page explains that split, the Justice Access Centre steps that come before a Provincial Court application, and what it takes to file for divorce, including the residency rule.

Our family team meets Surrey clients at Suite 100, 26 Fourth Street, New Westminster, a few minutes’ walk from the Law Courts, and by phone or video when that is easier. Our founding lawyers, Judith A. Janzen and Candace Cho, KC, joined forces in 2012. Our family lawyers take on contested parenting and relocation disputes, support claims where income is in question, and property division. To book, phone (604) 900-2538 or write to us through the contact form.

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    Meeting us from Surrey

    Our office at 26 Fourth Street sits beside Columbia SkyTrain station. Expo Line trains run between King George and Surrey Central stations and Waterfront, stopping at Columbia, and the Law Courts on Carnarvon Street are a short walk from the station.

    Some of our family lawyers work in languages other than English: Punjabi (Rasjovan Dale and Shivleen Sidhu), Korean (Susan Kim) and Tagalog (Louisa Ledesma). Court interpreting depends on the court. The province provides spoken-language interpreters for family matters in the Provincial Court; in the Supreme Court a spoken-language interpreter is provided only if a judge orders it. Interpreting for meetings with a lawyer is arranged separately.

    Onyx bills family files by the hour; the fee for an initial meeting is confirmed when you call. If you plan to run your own case with targeted help, ask about limited-scope (unbundled) retainers.

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    Which Provincial Court registry applies

    The starting registry for a new Provincial Court case is set by rule 7. If the same parties already have a case, later filings go to that registry. Otherwise, where a child is involved, the case goes to the registry closest to where the child lives most of the time; with no child issue, the registry closest to the home of the person who files first. Where the children’s main home is in Surrey, with nothing on file elsewhere, can expect to start in Surrey. A child whose main home is with a parent in Langley or Delta, or an older file in another registry, can change that. The rule does not say how “closest” is measured, so confirm the registry with court staff before filing.

    Emotional-Assessment-vancouver

    Emotional Assessment

    Before any decision is final, safety comes first. If there is violence or a safety risk, a protection order can be sought in the Provincial Court without the early resolution steps.


    Communication and Counseling

    Counselling, mediation through the Justice Access Centre or privately, and negotiation between lawyers can settle issues without a hearing.

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

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    Impact on the Family

    Judges decide parenting by asking what is best for the child, and nothing else. A written parenting plan, agreed or ordered, gives a child a predictable schedule.


    Legal and Financial Implications

    Spousal support, child support and property division are separate questions, each with its own rules and, for some claims, a two-year limit.

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    Preparation for the Next Steps

    Bring three years of income tax returns and assessment notices to a first meeting, with recent pay stubs, mortgage and bank statements, pension statements, and any court orders or agreements.

    Filing for divorce from Surrey

    Residency. Under section 3(1) of the Divorce Act, a BC court can hear a divorce if either spouse has been habitually resident in BC throughout the full year immediately before the case is started. The Act does not define “habitually resident”, so anyone who arrived in BC recently, or splits time between BC and another place, should get advice before filing.

    Grounds. There is one ground, breakdown of the marriage. It is shown by living separate and apart for at least one year, or by adultery or cruelty that is proved. Spouses can be separated under one roof, and resuming cohabitation for up to 90 days in total, mainly to try to reconcile, does not restart the year.

    Steps.

    1. The claimant files a notice of family claim at a Supreme Court registry, or spouses who agree can file a joint family claim.
    2. The other spouse is served and has 30 days after service to file a response to family claim, and may counterclaim.
    3. If no response is filed, or the claim is joint, the divorce can be applied for in writing under Rule 10-10, on affidavits with a draft order and without a hearing. A judge must be satisfied that reasonable arrangements have been made for the support of any children.
    4. A contested case goes through a judicial case conference and, if it does not settle, a trial.
    5. The divorce takes effect on the 31st day after the judgment. A judge can make it take effect sooner only in special circumstances, and only if both spouses agree not to appeal; an appeal still pending at that point delays it. A certificate of divorce can then be requested from the registry.

    Our guides cover how to file for divorce in BC and uncontested divorce, and our divorce lawyers handle both contested and agreed files.

    Surrey Asset Division Lawyers

    Asset Division

    The Family Law Act governs how homes, pensions and businesses are shared. Property claims belong to the Supreme Court, so for Surrey they are filed outside the city.


    Divorce in Surrey

    A Surrey divorce is filed at a Supreme Court registry, such as New Westminster, after one spouse has been habitually resident in BC for a year.

    obtain divorce order in Surrey

    Child support lawyers in Surrey

    Child Support

    Amounts come from the Federal Child Support Guidelines, whether the case is on 57 Avenue or in the Supreme Court.


    Spousal Support

    Entitlement first, then amount and duration, with help from the Spousal Support Advisory Guidelines. We act for recipients and payors.

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    Parental Autonomy vs. Pro-contact Approaches

    Co-Parenting Responsibilities

    Guardianship, parenting time and moves with a child, where the only test is what serves the child, from the first Justice Access Centre meeting onward.


    Premarital and Cohabitation Agreements

    An agreement made before moving in or marrying can fix property and support terms; each partner should disclose fully and take independent advice.

    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.

    One family, two courts

    On 57 Avenue: the Provincial Court. Its Family Law Act powers cover guardianship, parenting arrangements and contact, support for a child or a spouse, and orders protecting against family violence. Section 193 takes property division (a companion animal aside), pension division and children’s property out of its hands, and it has no power to grant a divorce.

    Outside Surrey: the Supreme Court. Every Family Law Act order is within its reach, and a divorce can come from no other court. The provincial courthouse directory (updated October 1, 2026) lists Surrey as a Provincial Court location only. Supreme Court registries near Surrey include the New Westminster Law Courts at 651 Carnarvon Street (about 7.5 km by road from Surrey City Hall, against 11.6 km to the Surrey courthouse), the Vancouver Law Courts at 800 Smithe Street, and Port Coquitlam on Mary Hill Road.

    No rule in the Supreme Court Family Rules sends a Surrey resident to a particular registry. The notice of family claim names a place of trial, and the trial is held there unless a judge moves it. New Westminster is closest by road, which is a practical reason to choose it, not a legal requirement.

    The two courts can run side by side. Section 194 of the Family Law Act allows a Provincial Court case and a Supreme Court case between the same people, unless the order sought has already been granted or refused in the other court. A parent might start a parenting application on 57 Avenue while a property claim goes ahead in New Westminster. Two cases mean two sets of filings and appearances, so it is worth asking early whether a single Supreme Court case could deal with everything.

    The Justice Access Centre, third floor

    The Provincial Court Family Rules list Surrey in Appendix 1 as an early resolution registry. The Surrey Justice Access Centre, on the third floor of the courthouse at 14340 57th Avenue, provides the early resolution services for that registry, without charge, at the counter or remotely. It also runs a staffed self-help resource room with computer terminals and a printer for legal documents.

    Before applying for a Provincial Court family order in Surrey, and unless a rule creates an exception, the applicant has four tasks: filing a Form 1 notice to resolve and delivering a copy to the other party; meeting a family justice counsellor for a needs assessment; completing a parenting education course; and attending at least one consensual dispute resolution session, such as mediation. The person who receives the notice faces the same three steps, after the notice itself, before a reply can be filed.

    The steps are not a barrier to urgent help. None of them is needed for an application limited to protection, priority parenting, relocation, enforcement, case management or an order both sides consent to, and protection or priority parenting applications may go in before the steps are complete. The rules also let the needs assessor waive the course or the session in listed situations, for instance where the course was done recently or a session would not be safe. Safety worries belong at the start: tell the counsellor and tell us.

    Our role at this stage is advice ahead of the assessment, preparation for mediation, and a check of any proposed agreement before anyone signs. Some families prefer a private mediator to the Centre, or use both; our family mediation lawyers can attend with you.

    Property, support and the two-year limit, in brief

    These rules are the same everywhere in BC, so the detail is on our topic pages. From the date of separation, each spouse holds a half interest in family property and half the responsibility for family debt, unless an agreement or order says otherwise. Property owned before the relationship, inheritances and gifts from third parties can be excluded, though growth in their value during the relationship is shared, and the Supreme Court can order an unequal split where an equal one would be significantly unfair. See property division and inheritance and divorce.

    The amount of child support is set under the Federal Child Support Guidelines, and the Spousal Support Advisory Guidelines are used to help set the amount and length of spousal support once entitlement is shown.

    Timing matters. The Family Law Act (s.198(2)) gives a married spouse two years from the divorce order to start a claim to divide property, family debt or a pension, or for spousal support. For a marriage-like relationship, the two years run from the date of separation. The clock is paused (s.198(5)) while the spouses are in family dispute resolution with a family dispute resolution professional, or in a prescribed process. Record when those sessions start and end, and check with a lawyer before counting on the paused time. A separation can also undo parts of a will: our estate lawyers for Surrey can review yours.

    Our family lawyers

    Every lawyer at the firm is listed on the team page.

    Common questions

    Can I get divorced at the Surrey courthouse?

    No. The Surrey courthouse is a Provincial Court, and only the Supreme Court grants a divorce. The claim is filed at a Supreme Court registry; New Westminster is the closest to Surrey by road, and Vancouver and Port Coquitlam are other options.

    How long do I need to have lived in BC before filing?

    At least one year. One spouse must have been habitually resident in BC for the full year immediately before the case starts. Six months is not enough.

    Is the Justice Access Centre a required first stop?

    For a Provincial Court application, generally yes: the notice to resolve, needs assessment, parenting program and a dispute resolution session come first. Urgent protection and priority parenting applications, and the other listed exceptions, can go ahead without them.

    Can parenting be decided in Surrey while property is dealt with in New Westminster?

    Yes. The Family Law Act allows cases in both courts, unless the same order has already been granted or refused in one of them. Whether that is wise depends on the file.

    How do I book, and how are fees charged?

    Phone (604) 900-2538 or book through the contact page. Family work is billed by the hour, and the cost of the first meeting is explained when you book.

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