Family Law Blog

BC Cohabitation & Marriage Agreements No couple plans for divorce from the first day of their marriage, but the statistics don’t lie: Canada’s divorce rate may be at its lowest in 50 years but around one third of marriages still end in divorce. The separation and divorce process is often time-consuming, expensive, and emotionally draining […]

The rights and obligations of married couples are outlined in both the federal Divorce Act and British Columbia’s Family Law Act. For common-law couples, however, only the provincial Family Law Act applies. This legislation covers issues such as property and debt division, custody, and support when couples who live in a “marriage-like relationship” separate in […]

A 2025 Supreme Court of British Columbia Decision In her first published judgment before the Supreme Court of British Columbia, DSG Family Law’s Darlene Sandhu represented a mother seeking to protect her children from the emotional fallout of an increasingly high-conflict co-parenting situation. The case, I.K.S. v. P.S.A., 2025 BCSC 840, sheds light on the […]

Decision-Making Responsibilities & Custody in British Columbia In British Columbia, “child custody” and “access” are now called “parenting responsibilities” and “parenting time” in legal documents. This removes some of the negative connotations associated with the terms used previously. “Custody” is still widely used in general conversation, however. It refers to the rights and responsibilities of […]

The main guiding principle in all cases involving guardianship, parental responsibilities, parenting time, and contact with a child in British Columbia is the best interests of the children. Unfortunately, this sometimes gets forgotten in the emotional turmoil of separation and divorce. What does it mean exactly—and how are the best interests of children determined by […]

After divorce or separation in BC, parents must decide two key matters regarding the children: how to make important decisions such as healthcare, extracurricular activities, education, religious upbringing, etc., and how to divide the children’s time between the parents and other important people in their lives. Laws concerning these matters are codified in both the […]

After a marriage breaks down, spousal support can be one of the most contentious issues on the table. In a nutshell, spousal support is calculated according to the length of the marriage, the needs of the lower-earning spouse, and the ability to pay for the higher-earning spouse. However, other factors can be considered during the […]

Once a British Columbia court orders spousal support to be paid by one spouse to the other, that support must be paid according to the terms of the order—unless there is a court-ordered modification or termination of the support. The payor has a legal obligation to make these payments to the recipient, or various enforcement […]

Parents need to finalize child custody matters before a divorce will be granted in British Columbia. In most cases, after separation, both parents are involved in the decision-making processes for the children, who spend approximately equal time with each parent. However, this is not always practical or considered in the best interests of the children. […]

Some divorces in British Columbia are not only contested over the settlement terms but also over the need to get a divorce in the first place. One spouse may feel that the marriage has broken down irretrievably while the other spouse feels that they can “work it out.”  Certain requirements must be met for a […]