S.8(1) of the Divorce Act (Canada) allows the applicants to obtain a Divorce Order upon breakdown of marriage. Uncontested Divorce may be obtained by avoiding any court attendance. Our firm understands our clients’ needs and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation.
As prescribed in the law, the minimum time period to qualify for an Uncontested Divorce is one year since the date of separation though an applicant can file a court application any time after separation. Many aspects of Uncontested Divorce can be difficult, challenging and perplexing; including but not limited to custody and parenting time of children and child support
We specialise in creating an atmosphere where the parties to a Uncontested Divorce can communicate in an open manner, minimising the stress and grief involved
Child Custody
Once the spouses have come to the realisation that their relationship is no longer sustainable, and viable, though it is difficult, they should openly accept that their relationship has broken down. These decisions are not easy, and society often places pressure on couples to stay together, however, the happiness and quality of life of the couple is more important than these issues. Further, raising children in an environment where a relationship has broken down can have an extremely negative impact on children.
We will assist in working out how the custody of children is arranged, noting that it is most important that the welfare of the child or children is the primary concern. This includes physical custody, visitation, and interim custody during holidays. Ideally, we like to see both parents take an active role in the raising and development of their children and will strive for this.
The next aspect to be considered is financial settlements and arrangements.
These arrangements include but are not limited to:
- Alimony;
- Child Support;
- Special and extraordinary expenses of the children;
- Division of Joint and separate properties and investments; and
- Division of Joint and separate liabilities.
We provide a professional and expert service in this area and will help facilitate smooth resolution to these issues.
Once a party is ready and able to file an application an Uncontested Divorce, they can submit the Application in British Columbia Supreme Court, if they are a resident of British Columbia since the last 12 months