Your Family Law Roadmap After Separation
Step 1: Contact Illuma Family Law
If you have separated from your spouse, or you are thinking about separating from your spouse, reach out to one of our Vancouver divorce lawyers to schedule an initial consultation. Every case is different and based on each person’s individual needs.
Step 2: Conflicts Check
Illuma Family Law will then conduct a conflicts check to make sure our Vancouver divorce lawyers haven’t already given advice to the other party.
Step 3: Initial Consultation
At the initial consultation, we will identify the different issues that may be relevant in your case, give you some quick advice on how to deal with the issues and discuss the next steps.
Step 4: Client ID and Verification
The Law Society of BC requires that we complete a client ID and verification check which includes meeting you either in-person or virtually to match your face with government issued ID.
Step 5: Choose Between Limited Retainers and Full Retainers
You may choose to retain us on a limited basis which means that we give you advice and help you draft any documents or agreements on an as-needed basis. You would represent yourself in negotiations and in court.
You can also choose to retain us on a full retainer which means that we would represent you fully on your family law matter including, but not limited to, document disclosure, negotiations, drafting and finalizing agreements, attending mediation, and attending court.
Step 6: Financial Disclosure
Once you’ve decided the type of retainer, we would recommend obtaining and providing financial documentation in your claim. We would be able to review your financial information and prepare your Form F8 Financial Statement.
Step 7: Negotiation
Once all financial information has been disclosed, the next step would be to negotiate an agreement. We would give you our assessment on your entitlement and negotiate a settlement with the other party involved. If we can come to an agreement on all the issues, we could assist with drafting an agreement for all parties to sign.
Step 8: Mediation
If the parties cannot come to an agreement through negotiations by counsel, you may want to consider mediating with a neutral third party with your counsel present.
Step 9: Agreements
If the parties can agree on all the terms either through negotiation or mediation, the next step would be to document the terms into an agreement. Typically, this is done on a separation agreement and/or a parenting plan. These agreements can be filed with your desk order divorce.
Step 10: Litigation
If the parties cannot agree on the issues then the next step would be litigation. We would file your Notice of Family Claim to start your court action if one has not already entered with the Supreme Court Registry. Financial information will be exchanged as well as any further document discovery. If necessary, the parties may conduct an examination for discovery. If necessary, the parties may go to court to obtain interim orders. Negotiations may still continue while the litigation proceedings are ongoing, and ultimately, if the parties cannot agree, the matter can be set down for trial. A judge will then make a decision on behalf of the parties.
Want to learn more? Please contact us for a consultation.
The material provided in this blog is for general information and education purposes only and does not contain, and should not be construed as containing, legal advice applicable to a particular set of facts. If you require legal advice, please contact us for a consultation with one of our experienced family law lawyers.