Resolving Family Law Claims in British Columbia
Onyx Law Group · Vancouver, British Columbia
When a relationship ends, the legal questions tend to fall into a few groups: who keeps what, whether one person supports the other, and how the children are cared for. British Columbia’s Family Law Act sets the framework for all three, and most separating couples work through them in some combination.
Property and debt are generally divided between spouses, with family property shared and certain excluded property staying with the person it belongs to. Spousal support and child support turn on income, the length of the relationship, and each person’s circumstances. Parenting is handled through parenting arrangements, meaning parenting time and parental responsibilities, decided on what is in the child’s best interests. Our family law team works through these questions with clients every day.
Not every family law claim ends up in a courtroom. Many resolve through negotiation between lawyers, mediation, the collaborative process, or arbitration, which can be faster and less adversarial than a trial. Court stays available for the times when the parties cannot agree or when urgent orders are needed.
Key points
- Family law claims in BC generally cover division of property and debt, spousal and child support, and parenting arrangements under the Family Law Act.
- Parenting decisions rest on the best interests of the child, using parenting time and parental responsibilities rather than the older language of custody and access.
- Many claims settle through negotiation, mediation, the collaborative process, or arbitration without a trial.
- Court is there when agreement is not possible or when urgent protection or orders are required.
Learn more
Read more about the law on our Family Law Act overview, meet the people who do this work on our Vancouver family lawyers page, or get in touch.
Working through a separation or a family dispute? Book a consultation with Onyx Law Group to talk about your options, contact us here.
Frequently Asked Questions
What issues come up when a relationship ends in BC?
The legal questions usually fall into three groups: how property and debt are divided, whether one person pays support to the other, and how the children are cared for. The Family Law Act sets the framework for all three, and most separating couples work through some combination of them.
How is property divided?
The Family Law Act presumes that family property and family debt are shared equally between spouses. Property one spouse brought into the relationship, along with gifts and inheritances received during it, is usually excluded, though any increase in the value of excluded property during the relationship is generally divisible. Unmarried partners share these rights if they lived in a marriage-like relationship for at least two years.
Do family claims have to go to court?
No. Many separating couples resolve their issues through negotiation, mediation, or a collaborative process and record the result in a separation agreement. Family law professionals in BC have a duty under the Family Law Act to tell clients about these out-of-court options. Court is available when agreement cannot be reached.
Is there a time limit to bring a family claim?
Yes, for property and spousal support. Under section 198 of the Family Law Act, married spouses generally have two years from the divorce or annulment order, and unmarried spouses two years from the date of separation. Claims about children, including parenting and child support, are not subject to that two-year limit.
Onyx Law Group represents clients in family law throughout British Columbia, estate and trust litigation, estate planning and probate matters. Consult with our experienced BC team at
(604) 900-2538