Penny Paul

Family Law

Process - How to get to the solution.

There are only two ways to resolve a family law dispute - by written agreement or court order.

Agreement:

In a very straight forward case spouses can work out most of the details of a settlement themselves and use their lawyers to give advice and draw up a final separation agreement.  Most times, however, the agreement is worked out by negotiation between the lawyers.  Sometimes a third party mediatior is used.  Business valuators and accountants can be involved.  Often a combination of these professionals and processes are used.  Penny Paul has extensive experience in all areas. 

Penny Paul is a qualified mediator. A mediator acts as a neutral party and helps clients reach their agreement. In that case the clients need independent legal advice on the agreement reached.

Court:

Most clients prefer to reach an agreement rather than have a court impose a settlement; however, this is not always possible. Some spouses are just not reasonable and emotions can run high at separation.  The Supreme Court of British Columbia has jurisdiction over divorce and division of assets. A Family Law Proceeding must be filed and served to commence an action.  If the only issues are child custody and child and spousal support the Provincial Court can be used. 

Going to court can be expensive but in the right circumstance, with the right lawyer, a judge might order that the other spouse reimburse you for court costs. Click here for a link to the case where Penny Paul successfully obtained almost 100% reimbursement of her client’s costs.

Tip – start a court action immediately where you need to file a lien against property or protect yourself from a limitation date expiring.

Need to know more - ask Penny Paul!