Family Law FAQ

1. Do I need a lawyer?

If you are separating it is extremely important to know your rights and your obligations. At Hemminger Schmid your first half hour consultation is at no obligation so you can get an outline of what your rights are and a good understanding of what options are available to you in order to finalize the matters associated with your separation.

2. When should I contact a lawyer?

As soon as possible, even if you have not told your partner you wish to separate. This way we can assist you in identifying options that will minimize the difficulties associated with the separation.

3. Can we work out our own agreement?

At Hemminger Schmid we encourage you to enter into your own agreements if possible. What you do need, however, is to ensure that your rights are protected and that your ex-spouse cannot back out of the agreement if they change their mind. We will provide you with the independent legal advice you need which is inexpensive and required to solidify your agreement. If your spouse does not have their own lawyer, we can refer them to a lawyer colleague from a different firm who will ensure quality work at a reasonable cost.

4. My partner has threatened to take the children and leave the country with them. What can I do?

We can seek an order from the court on an emergency basis called an "ex parte" order. This way you can keep your children in your care. These orders can also be enforced by police. Ex parte orders are difficult to get in court (it means that you are proceeding to court without letting the other side know), but in these circumstances the courts are often sympathetic to a person who wants to ensure their children's safety.

5. How much will all of this cost?

At Hemminger Schmid we try our very best to give you a close estimate of the amount of costs you will face. What you pay depends on the method of resolution you use, those being collaborative law, mediation, provincial court, or supreme court. When you attend with one of our lawyers we will be able to explain these various options to you and the benefits of each option. We will help you decide what will work best for you based on your circumstances.

6. What is Collaborative Family Law?

Collaborative Family Law is a process where you and your lawyer meet with your ex-spouse and their lawyer. You enter into a formal agreement that ensures neither of you will go to court. In essence, you sit at the table and resolve the issues without threat of litigation. Please talk to Val or David at Hemminger Schmid about Collaborative Family Law.

7. What is mediation?

Mediation is one way that you and your ex-spouse can resolve your issues by avoiding court. You and your ex-spouse either alone or with your lawyers, attend with a mediator to discuss what is important to you regarding your financial situation, your children, and your assets. With the assistance of a mediator, you can reach a final binding legal agreement relating to all the issues of separation and divorce.

8. Why go to court?

Sometimes you cannot get a fair result that benefits you and your family without going to court. Sometimes court is simply necessary.

At Hemminger Schmid our family law lawyers are experienced in the courtroom.

Disclaimer

Our FAQ section is intended to give you some general information about some of the most common family matter questions we receive. We provide them here to give you a basic overview of how the law works, in general, in the province of British Columbia, Canada. However, each individual brings a unique set of circumstances and our comments here are not intended to replace professional legal advice. It is important to consult with a lawyer in your jurisdiction to obtain full and accurate information and guidance with respect to your legal matters.