Sea to Sky Law Blog

Family Law Solutions Anywhere in BC SEA TO SKY LAW.ca offers decades of family law experience, helping clients across all of British Columbia. Guided by our Strength, Strategies, and Solutions approach, we provide clear advice, strong advocacy, and trusted legal solutions for family disputes involving spouses and children. We represent clients in any BC court and can assist you from anywhere in the world if your family law matter is based in British Columbia.

We provide family law litigation support across BC, including DIY assistance and in-court representation in Metro Vancouver and the Fraser Valley. With over 30 years of experience, we understand the personal and stressful nature of family disputes and help ease the burden of court preparation, procedures, and paperwork by offering clear, practical, and objective legal guidance.

We prepare child custody agreements and provide guidance on all child-related legal matters, backed by 30+ years of family law experience. In BC, custody has been replaced with child-focused concepts of Parenting Responsibilities and Parenting Time under the Family Law Act, while Child Support remains governed by mandatory guidelines. Parents may retain us individually for legal advice or jointly for neutral mediation or arbitration, as we are certified family mediators, arbitrators, and lawyers.

ADR options—such as mediation, collaborative law, and private arbitration—offer faster and more cost-effective alternatives to court when parties cooperate. An arbitrator acts as a privately chosen decision-maker, while a mediator helps parties communicate and reach their own agreement without strict court rules. Mediation lets parties focus on core issues, consider feelings as well as facts, and often narrows remaining disputes even if a full settlement isn’t reached.

In Canada, you remain legally married until a court grants a divorce under the federal Divorce Act, based on adultery, cruelty, or one year of separation. In BC, a “marriage-like” relationship (common-law) ends when one partner shows intent to separate after living together for at least two years. It’s possible to support both a legal and common-law spouse simultaneously.

In BC, separation ends a common-law relationship and starts a 2-year limit for property and support claims, but legally married couples remain married until divorce—and divorced spouses can claim support anytime.

Knowledge is power, and making good decisions requires having the right facts and professional advice. Just like your doctor and accountant, having a lawyer who knows you can help prevent costly legal, tax, and health problems. Beyond expertise, advisors provide valuable objectivity to help you see the big picture clearly.

Alimony, or spousal support, differs from child support in that it is not always mandatory, and child support takes priority if funds are limited. The Spousal Support Advisory Guidelines help determine amounts but are not binding. Eligibility depends first on whether the claimant is legally a “spouse,” which in BC includes married partners or those in a marriage-like relationship for at least 24 months. Courts assess factors such as financial need, loss of career opportunities, or economic imbalance caused by the relationship. If support is granted, it can be temporary, permanent, or reviewable, and paid as a lump sum or ongoing payments with specific tax implications.

Many modern legal principles stem from British common law and are now defined in legislation. The Alberta case R. v. Raponi (2006) illustrates how judges rely on historical case law in their reasoning, tracing principles back centuries. In this case, the court found a seizure unlawful, partly based on the 1604 British case Semayne’s Case, which established the principle that “a man’s home is his castle.”

Buying a home is a major investment, often requiring financial help from spouses or family. Protect your investment with registered mortgages for lenders and written agreements with partners or spouses outlining contributions and how sale proceeds will be shared. The best time to make agreements is before disputes arise, and always get independent legal advice to avoid misunderstandings and protect your rights.

A recent BC Appeal Court decision confirms that only children and spouses of a deceased can apply to vary a Will if they feel their inheritance is unfair compared to other beneficiaries. Unlike a request to interpret the Will’s wording, a variation application challenges the fairness of the bequests. This right does not extend to individuals who were not legally adopted by the deceased.

A recent BC Appeal Court case highlights the need for precise wording and regular updates to your Will. The court ruled that a gift’s value should reflect the Will Maker’s intent at the time the Will was created—in this case, its 1984 value—emphasizing that courts will uphold the original wording rather than adjust for current circumstances like rising real estate prices.

In today’s online world, false and harmful reviews can damage a business’s reputation. If a statement is untrue and presented as fact with the intent to harm, it may qualify as defamation, giving you legal grounds to sue. Negative opinions alone do not meet the standard, but harm to a professional’s reputation is often legally presumed.

Two key ways to save time and money: (1) keep organized records—use secure online storage for digital files and binders for paper documents without writing on originals, and (2) build a trusted legal team, including a lawyer who knows your history and can provide quick advice without delays. With over 33 years of experience, we offer direct, immediate support for our clients.

In BC, the Family Law Act (FLA) replaced “custodial rights” with a focus on the child’s best interests (s.37). Section 39 defines who is a guardian and grants parenting responsibilities and time. A biological parent who lived with the child before separation is automatically a guardian, while a parent who never lived with the child is not unless specific conditions are met. Non-parents who have regularly cared for a child may also apply for guardianship, as confirmed by case law (2023 BCSC 1276).

Sea to Sky Law has decades of experience helping thousands resolve family law matters with strength, strategies, and solutions. Family law covers both spousal and child-related rights and obligations, guided in BC by the federal Divorce Act and the provincial Family Law Act. Our lawyers explain how the law and case law apply to your situation, and we represent clients in any BC court. With advanced technology, we can assist you from anywhere in the world if your legal issue is in British Columbia.

Probate is the Supreme Court process that confirms a Will’s validity and grants authority to the executor to manage the estate. Poorly drafted Wills can cause delays or disputes, such as unclear executor appointments, missing alternates, or vague beneficiary instructions. Executors cannot act until officially recognized, and must settle debts—including taxes—before distributing assets, a process that often takes a year or more. Many people decline the role of executor due to its complexity and potential personal liability.

A living (inter vivos) trust is created during your lifetime to manage assets until your chosen beneficiaries are ready to receive them. Unlike a testamentary trust, which is established through a Will after death, a living trust can offer benefits such as asset control, tax planning, and potentially reducing probate fees. Professional tax advice is essential to understand the implications. Sea to Sky Law Group provides estate planning services across BC, including guidance and drafting for both living and testamentary trusts.

"Grey divorce" refers to the rising trend of couples divorcing later in life. Despite the emotional and financial challenges—such as splitting assets, savings, and pensions—many older couples still choose to separate. As a family law mediator, I encourage both individual and couples counseling to support emotional well-being and promote mediation over costly litigation, even if reconciliation isn't the goal.

A Power of Attorney is a key part of estate planning, allowing someone to make financial and health decisions on your behalf before death. It works alongside other documents like a Health Directive and Representative Agreement. After death, a Will is needed to handle your estate and final wishes, including funeral arrangements.

We provide estate planning services tailored to individuals in British Columbia, recognizing that legal requirements differ across provinces and countries. Relying on generic online forms or DIY Will Kits can lead to costly mistakes, as they may not comply with local laws or suit your unique circumstances. A Will outlines your wishes for your assets and remains legally effective only after death. Therefore, proper estate planning must also include documents like a Power of Attorney, which grant authority to others during your lifetime when you're unable to act for yourself.

Sea to Sky Law offers guidance on including charitable giving in your estate plan, which can provide both tax benefits and personal fulfillment. With over 30 years of experience, they recommend organizing your estate documents and thoughts in a 3-ring binder using lined paper for notes—never writing directly on legal documents. Always seek legal advice before making changes to your Will to avoid costly mistakes.

We provide probate services across British Columbia, backed by over 30 years of experience assisting individuals with personal, family, and business legal matters. Our flexible service options include on-demand advice, do-it-yourself support with expert guidance, and full-service traditional retainers. We also offer 24/7 assistance through our AI legal assistant. Visit www.seatoskylaw.ca for contact details and free legal information.

Healthcare directives are a key part of personal (estate) planning, addressing situations where illness or injury prevents you from making decisions. Alongside a Power of Attorney and Representation Agreement, these documents express your wishes and authorize others to act for you. With over 30 years of experience, we help clients across BC prepare these essential legal tools—regardless of age or family status.

Personal planning means creating written plans and legal documents to prepare for life’s expected and unexpected events. This includes a Will for after-death decisions, and legal forms like a Power of Attorney and Representation Agreement for financial and health matters before death. Proper planning reduces stress and cost for loved ones. Services are available virtually across BC and in-person in the Lower Mainland and Fraser Valley.