BC Family Law FAQ — Your Questions Answered
Our team is happy to answer questions specific to your situation.
The information on this FAQ page is provided for general informational purposes only and does not constitute legal advice. It does not create a solicitor-client relationship between you and Sea to Sky Law™. Laws and their application vary depending on your specific circumstances. You should not act or refrain from acting on the basis of information on this page without obtaining formal legal advice from a qualified lawyer. For advice specific to your situation, please contact Sea to Sky Law™ directly.
Every family is different. A short consultation, held by secure video or phone, gives you answers that fit your circumstances.
Start with our free intake call, then a complimentary 15-minute lawyer introduction to clarify your legal issues and outline a possible solution plan — no retainer required to get started.
Like most professionals — doctors, accountants, engineers, and counsellors — lawyers charge by the hour. This is especially true when another party is involved in a dispute, because disputes are inherently unpredictable: the other side controls how they respond, how co-operative they are, whether they comply with agreements, and whether they escalate. No professional can promise in advance how long a dispute will take, because that depends heavily on factors outside their control.\n\nIt is also true — and worth understanding — that hourly rates increase with experience. A lawyer with 35 years of successful experience charges more per hour than a junior lawyer. But experience often means a matter is resolved more efficiently: an experienced lawyer has solved similar problems many times before, knows the likely outcome, identifies the critical issues immediately, avoids the procedural detours that cost time, and reaches resolution faster. The total cost of an experienced professional is often lower than the total cost of a less experienced one working longer on the same problem — just as an experienced plumber who diagnoses and fixes the problem in an hour costs less overall than a junior one who takes three.\n\nEvery lawyer's hourly rate is disclosed clearly at the outset of your matter, and you will receive a written fee agreement before we begin any substantive work. There are no hidden costs — disbursements (court filing fees, process server fees, document retrieval, or other out-of-pocket expenses) are charged at cost and itemised separately on your invoice.\n\nMatters that are straightforward and co-operative resolve faster and cost less. Matters that are contested or complex take longer. We always aim to resolve matters as efficiently as possible — and mediation often reduces both time and cost significantly compared to litigation.
No. Sea to Sky Law™ does not offer contingency fees — arrangements where legal fees are paid only if your matter succeeds. We are a private law firm that charges hourly rates for our time. This applies to all practice areas, including family law, estate matters, and business disputes.
Do you offer pro bono (free) or reduced-fee legal services?
Not at this time. Sea to Sky Law™ does not currently offer pro bono (free) legal services, reduced-fee representation, or subsidised legal fees.\n\nIt is worth knowing that for more than 20 years, the firm did provide pro bono and subsidised legal services to individuals and families who could not afford private representation — a genuine and sustained commitment to access to justice in the communities we serve. That chapter of the firm's work is something we are proud of.\n\nToday, Sea to Sky Law™ operates as a private law firm. We charge for our time at the rates agreed in your retainer agreement. If managing costs is a priority, we do offer a DIY Support Services retainer — a limited-scope arrangement where we assist with specific defined tasks while you manage other parts of your matter yourself. This keeps overall costs lower without subsidising fees.\n\nFor those who cannot afford private legal representation, we recommend:\n• Legal Aid BC — legalaid.bc.ca — 1-866-577-2525\n• The Law Society of BC's Lawyer Referral Service — 1-800-663-1919 (first 30 minutes for $25)\n• People's Law School — publiclegaled.bc.ca — free public legal information\n• Community Legal Assistance Society (CLAS) — clasbc.net
Not at this time. Sea to Sky Law™ does not currently accept Legal Aid BC referrals or act as Legal Aid duty counsel.\n\nThe firm provided Legal Aid-funded representation for more than 20 years — a meaningful contribution to access to justice across the communities we serve. That history is part of who we are, even though we no longer operate in that way.\n\nIf you qualify for legal aid, please contact Legal Aid BC directly at 1-866-577-2525, or visit legalaid.bc.ca, to be connected with a legal aid lawyer.
The cost of a divorce in BC depends on whether the divorce is contested or uncontested, and how co-operative both parties are. An uncontested divorce with a separation agreement signed by both parties costs significantly less than a contested divorce that requires court intervention. Hourly rates in BC typically range from $250–$500 per hour depending on lawyer experience — and as noted above, an experienced lawyer often resolves matters faster than an inexperienced one, resulting in lower total cost. Mediation and negotiated settlement almost always reduce the total cost compared to litigation. We provide a realistic cost estimate at your intake consultation based on your specific situation. For a detailed breakdown, see our guide: Cost of Divorce in BC.
What types of retainer does Sea to Sky Law™ offer?
We offer two types of retainer to match different needs and budgets. The first is our DIY Support Services retainer — a limited scope (unbundled) retainer in which we assist you with specific, defined parts of your matter while you handle the rest yourself. This is ideal for clients who want professional legal guidance on key steps — drafting a document, reviewing an agreement, coaching before a hearing — without the cost of full representation. The second is our Traditional Full Service retainer, in which Sea to Sky Law™ manages every aspect of your matter from start to finish — all correspondence, court filings, negotiations, hearings, and documentation. We help you choose the right type during your intake process based on the complexity of your situation and your goals.
The DIY Support Services retainer is a limited scope (unbundled) arrangement — you retain us for specific, defined tasks while managing other parts of your matter yourself. For example, we might draft your separation agreement, review a parenting plan before you sign it, prepare documents for a hearing you are attending on your own, or advise you on a single legal question. You pay only for the specific help you need, keeping overall costs manageable. This option suits people who are organised, informed, and comfortable managing their own file with professional support at key moments.
The Traditional Full Service retainer means Sea to Sky Law™ takes full conduct of your matter. We handle all correspondence with the other side, prepare and file all court documents, attend hearings and mediations, negotiate on your behalf, and guide every step through to resolution or judgment. Once you are a client under a full service retainer, you communicate directly with your lawyer by phone and email throughout. This option is best suited to complex, high-conflict, or high-value matters where experienced full representation makes the most significant difference.
We can provide a general range based on similar matters, but the total cost of any matter involving another party cannot be precisely predicted at the outset — and any professional who promises a fixed price for a dispute is not being realistic with you.\n\nThe reason is straightforward: your legal costs depend significantly on what the other party does. If they respond promptly, negotiate reasonably, and honour agreements, matters resolve quickly. If they contest everything, delay, change positions, or involve their own lawyers aggressively, the time required — and therefore the cost — increases accordingly. Neither you nor your lawyer controls that.\n\nThis is true of every hour-based professional dealing with disputes: lawyers, accountants handling CRA disputes, counsellors managing complex family situations. Hourly billing reflects the reality that time spent depends on an unpredictable other party.\n\nWhat we can do is provide a realistic cost range, update you as costs accumulate, alert you promptly if costs are heading higher than expected, and always look for the most efficient path to resolution. Mediation and negotiated settlement almost always reduce total costs compared to court proceedings.
Unbundled legal services — sometimes called 'limited scope representation' — means we assist you with specific, defined parts of your legal matter rather than handling everything from start to finish. For example, we might draft your separation agreement, review a document before you sign it, or coach you before a hearing. This allows you to access quality legal advice for exactly what you need, at a lower overall cost. Our DIY Support Services retainer is built on this model. Ask us whether unbundled services suit your situation.
You are not legally required to have a lawyer for a divorce in BC, but legal advice is strongly recommended — particularly where children, property, spousal support, or business interests are involved. Mistakes in separation agreements or court orders can have lasting financial and parenting consequences. A one-time consultation can clarify your rights before you proceed.
An uncontested divorce — where both parties agree on all issues — can be finalised in as little as three to four months once the application is filed. Contested matters can take significantly longer. Mediation and negotiated settlement resolve most BC family matters far faster than court proceedings, often within weeks to a few months.
Under BC's Family Law Act, all 'family property' — assets and debts accumulated during the relationship — is presumptively divided equally between spouses, whether married or common law. Assets one spouse owned before the relationship, or received as gifts or inheritances, may be excluded from division, though any increase in their value during the relationship is typically shared. The rules are nuanced, and significant assets, businesses, and pensions each require careful legal analysis.
The family home is family property regardless of whose name is on title, and is subject to equal division under BC's Family Law Act. Both spouses have the right to remain in the home until an agreement or court order provides otherwise. Options include one spouse buying out the other's interest, selling the home and splitting the proceeds, or — where children are involved — allowing the primary parent to remain in the home for a period. We help clients navigate all of these scenarios.
Child support in BC is determined by the Federal Child Support Guidelines, which set support amounts based on the paying parent's income and the number of children. The table amount covers basic day-to-day expenses. Special or extraordinary expenses — such as childcare, medical costs, and extracurricular activities — are shared proportionately between parents. Support amounts can be agreed upon through mediation or determined by a court.
Spousal support in BC is governed by the Divorce Act (for married couples) and BC's Family Law Act (for all spouses). Courts and mediators consider factors including the length of the relationship, each spouse's income and earning capacity, and the economic disadvantage caused by the relationship or its breakdown. The Spousal Support Advisory Guidelines (SSAG) provide a range of amounts and duration that lawyers and mediators use as a reference framework, though they are not legally binding.
Yes — inheritances received before or during a relationship are generally excluded from family property division under BC's Family Law Act, meaning you keep the amount you inherited. However, any increase in the value of that inheritance during the relationship may be shared with your spouse. There are important exceptions: if you mixed the inheritance with family assets (for example, depositing it into a joint account or using it to pay down the family home), it can become harder to trace and protect. Keeping inherited funds separate throughout the relationship is the best way to preserve their excluded status. Always get legal advice before separation if significant inheritances are involved.
RRSPs, TFSAs, RRIFs, and pensions accumulated during the relationship are family property subject to equal division under BC's Family Law Act — regardless of whose name they are held in. Dividing registered accounts has significant tax implications: transferring RRSP funds between spouses can be done on a tax-deferred basis under a specific CRA rollover provision, but only if handled correctly. TFSAs can be transferred without immediate tax consequences. Pension division in BC requires a pension division order, and different rules apply to defined benefit vs. defined contribution plans. Always consult both a lawyer and a CPA before dividing registered accounts — the legal split and the tax consequence must both be planned carefully.
Do common-law partners have the same property rights as married spouses in BC?
In BC, common-law partners (called 'spouses' under the Family Law Act if they have lived together for two or more years, or have a child together) have the same right to divide family property as married couples. This is one of the most significant differences between BC law and many other provinces — in BC, long-term unmarried partners have strong property rights. However, common-law spouses do not automatically inherit from each other without a will, and the rules around excluded property (such as pre-relationship assets) still apply. If you are in a common-law relationship in BC, it is important to understand your rights — and your exposure — whether you are separating or planning your estate.
What is spousal support entitlement for a short marriage in BC?
Spousal support entitlement after a short marriage (generally under five years) is more limited in BC, but it is not automatic that no support is owed. Entitlement depends on three grounds: compensatory (economic disadvantage caused by the relationship — for example, one spouse gave up a career), non-compensatory (significant need and economic hardship), and contractual (a separation agreement or prenuptial agreement). The Spousal Support Advisory Guidelines (SSAG) calculate support amounts and duration based on income difference and length of relationship — for a short marriage with no children and roughly equal incomes, the range may be minimal or nil. But where one spouse sacrificed career advancement for the relationship, even a short marriage can give rise to meaningful support. Get a legal assessment before assuming no support applies.
Sea to Sky Law has over 35 years of experience serving BC families, and that experience can save you money. An experienced family lawyer spots problems early, avoids costly missteps, and often resolves matters faster. But no single lawyer is the best for everyone. The right fit depends on your situation, your goals, and how you communicate, much like finding the best family doctor for you. That is why we offer a free intake call, so you can see whether we are the right fit before you decide.
How do I change a custody or parenting order in BC?
To change an existing parenting order in BC, you must show a material change in circumstances — a significant shift since the order was made, such as a parent relocating, a child's needs changing, or a substantial change in income. If both parents agree to the change, a consent order can be filed with the court to make it legally binding. If you cannot agree, you can apply to vary the order through BC Supreme Court or Provincial Court. Mediation is usually the fastest and least expensive way to reach an agreement on changes without going back to court.
Can I change a custody or support order after it is made?
Yes. Both parenting orders and support orders can be varied if there has been a material change in circumstances — such as a significant change in income, the child's needs, or a parent's relocation. Changes can be agreed upon and formalised through a consent order, or applied for through the courts if the parties cannot agree. Mediation is often the fastest and least expensive way to address needed changes.
Pets are technically considered property under BC law, but courts increasingly recognise the emotional bonds family members have with animals and consider the pet's welfare. When resolving pet custody, courts and mediators look at who provided day-to-day care, who has the strongest bond with the pet, and what arrangement is in the pet's best interest. Many couples negotiate pet care agreements — similar to parenting arrangements — that specify where the pet lives, custody schedules, and shared costs. We help families reach fair agreements that keep pets' wellbeing at the centre.
Yes — every adult in BC should have a valid will. Without one, you die 'intestate' and BC's Wills, Estates and Succession Act (WESA) dictates who inherits your estate — and the result often does not match what you would have chosen. Common-law partners of less than two years receive nothing under the intestacy rules. Estranged relatives may inherit. Your executor is appointed by the court rather than chosen by you. A will is the single most important estate planning document you can have, and it costs far less than the complications of dying without one.
The cost of a professionally drafted will in BC typically ranges from $400 to $1,200 for a straightforward single will, and somewhat more for a mirror will package (wills for both spouses) or where the estate involves trusts, blended families, or business interests. DIY wills and online will kits are significantly cheaper upfront but carry real risks — an invalid execution, a missing clause, or an ambiguous gift can trigger probate disputes that cost far more to resolve than the original legal fee. Professional will drafting ensures your will is valid, clear, and reflects your actual intentions.
What happens if a parent dies without a will in BC?
An executor (or 'personal representative') is the person you name in your will to administer your estate after you die. Their duties include locating and securing all assets, notifying government agencies and financial institutions, applying for probate if required, paying debts and taxes, filing the deceased's final income tax return, obtaining a CRA clearance certificate, and distributing the estate to beneficiaries according to the will. Executors in BC have personal liability for mistakes — they can be held personally responsible if they distribute the estate incorrectly or without clearing taxes first. Professional executor advice is strongly recommended.
Yes — BC courts have the power to remove an executor under WESA if the executor is failing to administer the estate properly. Grounds for removal include conflict of interest, misappropriation of estate assets, failure to act, incapacity, or serious misconduct. If you are a beneficiary concerned about an executor's conduct, you should seek legal advice promptly — courts take executor misconduct seriously, but the process requires a formal application. Early intervention is almost always less costly than waiting.
What can I do if I think an executor is hiding assets in BC?
If you are a beneficiary and suspect the executor is concealing estate assets, you have legal options. Beneficiaries in BC have the right to receive a full accounting of the estate — a detailed record of all assets, debts, income, and distributions. If the executor refuses to provide an accounting or the accounting appears incomplete, you can apply to the BC Supreme Court for an order compelling proper accounts. The court can also order the executor to be personally liable for any losses caused by misconduct. Get legal advice quickly — delays can make recovery more difficult.
Under BC's Wills, Estates and Succession Act (WESA), a spouse or child of a deceased person can apply to court to vary (change) the will if it fails to make adequate provision for them. This is called a wills variation claim. BC is one of the few provinces in Canada that gives children and spouses this right — regardless of the testator's intentions. The application must be started within 180 days of the grant of probate. Courts consider the size of the estate, the claimant's financial need, the relationship between testator and claimant, and any reasons for the disinheritance. These cases can be complex and should always be handled with legal advice.
An enduring power of attorney (EPA) is a legal document in which you appoint a trusted person (your 'attorney') to make financial and legal decisions on your behalf. Unlike a regular power of attorney, an EPA continues to be valid even if you lose mental capacity — which is what makes it so important. Without an EPA, if you become incapacitated, your family may need to apply to court for a 'committee' order (now called a 'representation order') to manage your affairs — an expensive and time-consuming process that an EPA eliminates. Every adult in BC should have an EPA in place.
How do I get power of attorney for a parent with dementia in BC?
If your parent already has dementia, it may be too late to sign a valid power of attorney — an EPA requires the person granting it to have legal capacity at the time of signing. If capacity has been lost, the alternative is to apply to the BC Supreme Court for a Committeeship Order (or a more limited Representation Order under the Representation Agreement Act). This is a court-supervised process that gives you authority to manage your parent's finances and/or personal care. It is significantly more expensive and time-consuming than a simple EPA. This is why pre-planning matters: an EPA signed while capacity exists costs a fraction of a court application.
What is mediation, and how does it differ from going to court?
Can the mediator give me legal advice during mediation?
No — and this is one of the most important things to understand before entering mediation.\n\nA mediator is strictly neutral. The mediator's role is to help both parties communicate, identify the real issues, explore options, and — if possible — reach an agreement they both accept. The mediator works for the process, not for either party.\n\nBecause the mediator is neutral, they cannot advise either party on what is legally fair, what their rights are, what outcome a court would likely order, or whether the agreement they are considering is in their best interests. Providing legal advice to one party would compromise the mediator's neutrality and the integrity of the mediation itself.\n\nThis is why each party in mediation should have their own independent lawyer — before, during, and after the process:\n\n• Before mediation: to understand your legal rights and the range of outcomes a court might order, so you can negotiate from an informed position.\n\n• During mediation: to consult privately between sessions if a proposal is made that you want assessed.\n\n• After mediation: to review any agreement before signing, and to ensure the agreement is properly documented and enforceable.\n\nAt Sea to Sky Law™, Andrew Liggett can act as the mediator for both parties — or as the independent legal adviser for one party while another mediator conducts the process. These two roles are kept strictly separate. If Andrew is your mediator, he cannot also be your lawyer in that matter. If he is your lawyer, he can refer you to an independent mediator.\n\nWe always recommend that your own lawyer attends mediation with you, so you can get legal advice as you go and avoid making decisions under pressure.\n\nNever sign a mediated agreement without first obtaining independent legal advice from your own lawyer.
What is Andrew Liggett's mediation and arbitration designation?
Yes. Andrew Liggett is designated by the Law Society of British Columbia (LSBC) as a Family Law ADR Professional — holding the LSBC Family Law Mediator and Family Law Arbitrator designations. He has extensive experience mediating complex family disputes, including high-net-worth divorces, contested parenting matters, and disputes involving businesses or significant assets.
Arbitration is a private adjudication process in which a qualified arbitrator hears both parties and issues a binding decision — called an award — that is legally enforceable. Unlike mediation, arbitration does produce a final outcome even if the parties do not agree. It is governed in BC by the Arbitration Act and, for family matters, by the Family Law Act. Arbitration is typically faster and more private than court litigation.
Med-arb is a hybrid process in which the same neutral first acts as a mediator to help the parties reach agreement. If mediation does not fully resolve the dispute, the neutral transitions into the role of arbitrator and issues a binding decision on the remaining issues. This approach combines the flexibility and collaborative nature of mediation with the certainty of a final, enforceable outcome. It is particularly effective for complex family and business disputes.
Yes. Mediation is a confidential process. Statements made by either party during mediation cannot generally be used in subsequent court proceedings. This confidentiality encourages open, honest communication — which is what makes mediation so effective. Agreements reached in mediation are reduced to writing and, once signed, are binding contracts.
What kinds of disputes can be resolved through mediation at your firm?
We offer mediation for family law disputes (divorce, parenting, support, property division), estate and probate disputes, business partnership and shareholder disagreements, and commercial contract disputes. Virtual mediation is available for clients anywhere in British Columbia.
Why do I need my own lawyer if I'm using mediation or arbitration?
This is critical: when you use mediation or arbitration, the mediator or arbitrator is neutral — they work for the process and neither party. Even if the mediator or arbitrator is a trained lawyer, they cannot give you legal advice because doing so would compromise their neutrality, just as a judge cannot give legal advice to one party during a trial.\n\nYour independent lawyer:\n\n• Before mediation/arbitration: explains your legal rights and the range of outcomes a court would likely order, so you negotiate from an informed position\n\n• During the process: reviews proposals made in mediation and advises whether they protect your interests\n\n• After reaching agreement: ensures the agreement is fair, legally sound, properly documented, and enforceable\n\nAt Sea to Sky Law™, Andrew Liggett can act as your mediator or arbitrator — or as your independent legal adviser during ADR conducted by another neutral. These roles cannot overlap. If Andrew is your neutral, you must hire a separate lawyer. If he is your lawyer, he can help you find an independent mediator or arbitrator.\n\nWe always recommend that your own lawyer attends mediation with you, so you can get legal advice as you go and avoid making decisions under pressure.\n\nNever sign an agreement reached through mediation or arbitration without independent legal advice from your own lawyer.
No. Sea to Sky Law™ does not practice criminal law. We do not represent clients charged with criminal offences, attend criminal courts, or provide criminal defence advice. If you need a criminal defence lawyer, please contact the Law Society of BC's Lawyer Referral Service at 1-800-663-1919.
Immigration law is not a core practice area at Sea to Sky Law™. While family transitions sometimes intersect with immigration considerations, we recommend consulting a specialist immigration lawyer for dedicated immigration advice. The Law Society of BC's Lawyer Referral Service can assist you in finding an immigration practitioner.