Plain-English definitions of the legal terms you'll encounter in BC family law, estate law, and mediation — without the jargon.
Our lawyers can explain any of these concepts in the context of your situation — no jargon, no pressure.
Understanding the terms is just the start. Book a free intake call and we'll walk through what applies to you.
A written statement of facts sworn or affirmed under oath before a notary public or commissioner for taking oaths. Affidavits are filed as evidence in BC Supreme Court family law proceedings. Knowingly making a false statement in an affidavit is perjury — a serious criminal offence.
Behaviour by one parent that damages or destroys the child's relationship with the other parent. BC courts treat parental alienation as contrary to the best interests of the child under the Family Law Act (FLA), s.37. Proven alienation can be grounds to vary a parenting order.
A private, out-of-court dispute resolution process in which a trained arbitrator hears both parties and makes a binding decision. Family law arbitration in BC is governed by the Arbitration Act, SBC 2020 and must comply with the FLA to the extent it applies to family matters.
Unpaid child support or spousal support that has accumulated past its due date. Arrears are enforceable by the BC Maintenance Enforcement Program (MEP), which can garnish wages, seize assets, or suspend driver's licences and passports.
The overriding legal standard in BC when making any decision about parenting time, guardianship, or contact. The FLA, s.37 lists specific factors courts must consider, including the child's safety, cultural identity, views (age-appropriate), and the nature of each parent's relationship with the child.
A person or organisation entitled to receive assets from a will, trust, RRSP, life insurance policy, or other legal instrument. Beneficiary designations on registered accounts and insurance policies override what a will says, so they must be reviewed after separation.
Arbitration in which both parties have agreed in advance that the arbitrator's decision (award) will be final and enforceable as if it were a court order. Under the FLA, a family law arbitration award may be filed in the BC Supreme Court to be enforced as an order.
Regular payments made by the parent who spends less parenting time to the primary caregiver to contribute to the child's living expenses. The amount is set by the Federal Child Support Guidelines and depends on the payor's gross income and the number of children.
The person who starts a court proceeding by filing a Notice of Family Claim (Form F3). In older litigation, you may see the equivalent term 'petitioner.' The other party is called the respondent.
In BC, two people who have lived together in a marriage-like relationship for at least two continuous years acquire most of the same rights and obligations as married spouses under the FLA — including property division and spousal support rights. The two-year clock restarts if the relationship breaks and resumes.
Deliberate disobedience of a court order. A person found in contempt may be fined or imprisoned. In family law, contempt is most common where a party refuses to follow a parenting order or a financial disclosure order.
A court order made with the agreement of all parties, then signed by a judge. It is legally binding and enforceable in the same way as an order made after a contested hearing. Consent orders are common where parties settle after filing but before trial.
A legally binding direction made by a judge. Family law court orders can deal with parenting arrangements, child and spousal support, property division, and protection. Breaching a court order can result in contempt proceedings.
A court order granted when the respondent fails to file a Response to Family Claim (Form F4) within the required time. The claimant can then apply to the court for the relief claimed in their Notice of Family Claim without the respondent present.
The legal obligation to provide complete and honest financial information to the other party. Both parties must disclose all income, assets, debts, and expenses using a Financial Statement (Form F8 or F8.1). Failing to disclose can result in a court order being set aside.
Federal legislation (RSC 1985, c 3) governing divorce, post-divorce child and spousal support, and post-divorce parenting orders (now called parenting time and decision-making responsibility). Only courts can grant a divorce — a separation agreement alone does not end a marriage.
A court order that legally dissolves a marriage. In BC, divorce is granted by the BC Supreme Court after a one-year separation period (or proof of adultery or physical/mental cruelty). The divorce takes legal effect 31 days after the order unless appealed.
A legal document in which you appoint someone (your attorney) to manage your finances and legal affairs. Unlike a regular power of attorney, an EPA continues to be valid if you become mentally incapable. EPAs are governed by the Power of Attorney Act, RSBC 1996, c 370.
Everything a person owns or owes at the time of their death — including real property, investments, bank accounts, personal belongings, and debts. The estate is administered by an executor (if a will exists) or an administrator (if there is no will).
Property that one spouse does not have to share with the other on separation. Under the FLA, s.85, excluded property typically includes gifts and inheritances received during the relationship, pre-relationship assets (to the extent they have not appreciated), and certain insurance proceeds. Only the value of the excluded property — not its growth — is excluded.
The person named in a will to administer the deceased's estate. The executor's duties include locating and inventorying assets, paying debts and taxes, applying for probate if required, and distributing what remains to the beneficiaries. Called a 'personal representative' in the Wills, Estates and Succession Act (WESA), s.1.
Opinion evidence given by a qualified professional (e.g., a psychologist, accountant, or appraiser) that goes beyond what a lay witness can offer. In BC family proceedings, expert reports must comply with Rule 13-2 of the Supreme Court Family Rules.
Under the FLA, property owned by one or both spouses that is ordinarily used for a family purpose during the relationship. The default rule is that each spouse keeps their own property but is entitled to an equal share of the family property (net value). See FLA, Part 5.
BC's primary provincial legislation governing separation, parenting, child support, spousal support, and property division for married and unmarried spouses. The FLA (SBC 2011, c 25) came into force in 2013, replacing the Family Relations Act.
Also called the 'family residence.' Under the FLA, s.90–92, both spouses have an equal right to occupy the family home during a relationship, regardless of whose name is on title. On separation, a court can grant exclusive occupancy to one spouse even if they do not own the home.
A neutral third party who helps separating spouses negotiate parenting, support, and property agreements. Mediators do not make decisions — they facilitate. In BC, family mediators may be accredited by Mediate BC. The Notice to Mediate (Family) Regulation allows either party to compel mediation in certain cases.
A sworn court form (Form F8 for Supreme Court proceedings) that sets out a party's income, expenses, assets, and debts. Accurate and complete financial statements are mandatory in proceedings involving child or spousal support. Both parties must update their forms if circumstances change.
The BC Supreme Court Financial Statement form required in most family law proceedings involving money. Parties must disclose income (3 years of tax returns), monthly expenses, and a full list of assets and liabilities. Providing false information in an F8 is grounds for the court to set aside any order obtained.
A transfer of property without receiving fair market value in return. In estate disputes, courts examine gratuitous transfers made before death as potential evidence of undue influence or as gifts that reduce the estate available to beneficiaries or creditors.
Legal responsibility for a child's care, upbringing, and important life decisions. Under the FLA, s.39, both parents are generally guardians of their children if they lived together after the child's birth. A guardian has parental responsibilities and parenting time as allocated by agreement or court order.
A document (sometimes called a 'living will' or 'representation agreement with health care provisions') that sets out your instructions about medical treatment if you become incapable of communicating. In BC, healthcare decisions by a substitute decision-maker are governed by the Health Care (Consent) and Care Facility (Admission) Act.
The Hague Convention on the Civil Aspects of International Child Abduction (1980) is an international treaty that requires signatory countries to promptly return children wrongfully removed from their country of habitual residence. BC courts apply it under the Family Law Act, s.74. Canada is a signatory.
Private legal advice from a lawyer who acts only for you, with no conflict of interest. ILA is strongly recommended before signing a separation agreement, cohabitation agreement, or prenuptial agreement. Without ILA, a court is more likely to set aside an agreement on grounds of unfairness or unconscionability.
Dying without a valid will, or dying with a will that does not deal with all of your assets. When a person dies intestate in BC, their estate is distributed according to the rules in WESA, Part 3 — generally to spouse and children, or to more distant relatives if there is no immediate family.
Income a court attributes to a party for child or spousal support purposes, even if they are not earning it. Courts impute income when a party is intentionally under-employed, unemployed without reasonable cause, or concealing income. The Federal Child Support Guidelines, s.19 lists the grounds for imputation.
A form of co-ownership in which two or more people each hold an equal, undivided interest in a property with a right of survivorship — meaning the surviving owner automatically inherits the deceased owner's share, bypassing the will. Common for family homes. Contrast with tenancy in common.
Where both parents share guardianship of their child and exercise parental responsibilities together. Under the FLA, the default is that both parents are guardians. Joint guardianship does not mean equal parenting time — those are separate concepts that must be agreed upon or ordered separately.
The state of living apart with the intention to end the relationship. BC does not require a formal court declaration of separation. Separation can begin while still living under the same roof in certain circumstances. The date of separation is important for property division, support, and limitation period calculations.
BC legislation (SBC 2012, c 13) that sets time limits within which legal claims must be started. The basic limitation period for most civil claims (including property division claims) is two years from the date the claimant discovered or ought to have discovered the claim. Missing a limitation period is fatal to a legal claim.
Latin for 'pending lawsuit.' A lis pendens (also called a certificate of pending litigation — CPL) is a notice registered against real property to warn potential buyers that there is an ongoing court claim affecting the property. Used in BC family law to protect a spouse's interest in real estate during litigation.
The family residence where both spouses ordinarily lived before separation. Under the FLA, special rules govern the matrimonial home: both spouses have an equal right to possess it during the relationship, and neither can dispose of it without the other's consent. Also called 'family home.'
A voluntary, confidential negotiation process facilitated by a neutral mediator. The mediator helps parties communicate and explore options but does not impose a decision. Any agreement reached is written up as a separation agreement or consent order. Mediation is often faster, cheaper, and less adversarial than court.
A significant and unforeseen change in the life of either party or the child that warrants a review of an existing order or agreement about parenting, child support, or spousal support. A material change is the legal threshold required before a court will vary a final order. Examples include job loss, relocation, or a child's changed needs.
A concept from Ontario law (Family Law Act, RSO 1990) representing the increase in a spouse's net worth during the marriage. BC uses a different framework under the FLA — dividing the net value of family property and debt equally — but 'net family property' is sometimes used informally to describe the same idea in a BC context.
A formal notice one party can serve on the other requiring them to participate in mediation before proceeding to a trial. In BC, the Notice to Mediate (Family) Regulation (BC Reg 296/2007) applies to certain family law disputes in the BC Supreme Court. Mediation is then mandatory unless an exemption applies.
A regulation or decision made by the provincial cabinet (Lieutenant Governor in Council) under statutory authority. In family law contexts, many important regulations — including the Supreme Court Family Rules and Notice to Mediate (Family) Regulation — are enacted as orders in council.
In BC estate law, a minor child with no surviving guardian. The Public Guardian and Trustee of BC (PGT) may step in to protect the child's financial interests where no guardian has been appointed. The court can appoint a guardian under the Infants Act or the FLA.
A neutral professional (often a family lawyer or psychologist) appointed by agreement or court order under the FLA, s.15 to help parents resolve day-to-day parenting disputes quickly, without going back to court each time. A parenting coordinator can make binding determinations on defined issues within the scope of their appointment.
A written agreement or court order that sets out how parents will share parenting time, make decisions about the child's education, health, and activities, and handle communication between households. A well-drafted parenting plan reduces conflict by anticipating future disputes about schedules and decision-making.
The time a child spends with each guardian under the FLA. Parenting time includes all time the child is in a guardian's care, not just overnight visits. The FLA replaced older terms like 'custody' and 'access' with 'parenting time' and 'decision-making responsibility' in 2013.
The court process that validates a will and grants authority to the executor to administer the estate. In BC, probate is called a 'grant of probate' issued by the BC Supreme Court under WESA. Not all estates require probate — it depends on the type of assets and financial institutions' requirements.
A court order restricting or prohibiting contact between two people, or requiring a person to stay away from specified locations. Under the FLA, s.183, a BC Supreme Court or Provincial Court judge can make a protection order where family violence has occurred or is likely to occur. Breach of a protection order is a criminal offence.
In the United States, qualified domestic relations orders (QDROs) divide retirement plans on divorce. In Canada, federally regulated pension plans are divided using a similar mechanism under the Pension Benefits Standards Act (PBSA). BC-regulated plans follow the Pension Benefits Standards Act (RSBC 1996). A court order or agreement can direct a portion of one spouse's pension entitlement to the other spouse on a tax-deferred basis.
A BC legal document in which you appoint someone to make personal care and/or healthcare decisions on your behalf if you lose the ability to make them yourself. Governed by the Representation Agreement Act, RSBC 1996, c 405. There are two types: s.7 (simpler) and s.9 (broader powers, stricter execution requirements).
The party who responds to a court claim filed by the claimant. The respondent must file a Response to Family Claim (Form F4) within 30 days of being served (or 60 days if served outside BC). Failing to respond may result in a default order being made against them.
Registered Retirement Savings Plan (RRSP) funds can be transferred between spouses on divorce or separation on a tax-deferred (rollover) basis under the Income Tax Act, s.146(16), provided the transfer is made pursuant to a court order or written separation agreement. The receiving spouse then holds the funds in their own RRSP.
Special or extraordinary expenses for a child that are shared between parents in addition to the base child support table amount. Named after s.7 of the Federal Child Support Guidelines, these include childcare, medical/dental costs not covered by insurance, post-secondary education, and extracurricular activities. They are typically shared in proportion to each parent's income.