Divorce in British Columbia

Choosing to leave your relationship is a significant & often difficult decision.  Our Vancouver Divorce Lawyers will protect your rights in divorce.

A Powerful Blend of Legal and Financial Expertise

Ending a relationship is a difficult decision for any family, regardless of the amount of time you have spent with your spouse.  When children are involved, the issues can seem overwhelming.  Our Vancouver Divorce Lawyers are here to take the stress out of divorce and separation.  We are experienced in all legal issues affecting your divorce including division of assets, child and spousal support, custody and access, debt allocation and resolution. Whatever your situation, we have the experienced to help you navigate it successfully and find the best path forward.

The decisions you make during your divorce are not only emotionally and mentally exhausting, they can also be financially devastating. Your decisions can have a long lasting negative impact on your current and future financial future. Do not make them uneducated and alone. Our Vancouver Divorce Lawyers are skilled at managing the divorce process and ensuring that our client’s future is protected.

We are here to evaluate and present your financial picture realistically and set the agenda on key issues that will determine your future post divorce, including your liquidity, future income and excluded family property. If your spouse controls the family finances, we will work with you to gain an understanding of your spouse’s financial circumstances, including hidden income and assets.

If you think you are heading for a divorce, don’t delay. Key valuation dates may be critical to your financial future and many divorce issues are time critical.  We are skilled at negotiating on your behalf and ensuring that your rights are protected.

Divorce With Confidence

When it comes to divorce and separation, there is not one single solution that works for everyone.  At Nasser Allan, our team of Vancouver divorce lawyers will work with you to understand our options whether it be negotiation, mediation, or litigation.  Our expertise as top Vancouver divorce lawyers means we can understand what avenue best suits your fact scenario given the personality traits at play.   Our goal is to resolve your matter as efficiently as possible, without sacrificing results.

Key Issues When Divorcing

  • Determine accurate valuation dates: when you entered into and ended a relationship can have significant implications when dividing property.  There may be strategic benefits to challenging or suggesting key valuation dates, so long as those challenges are supported by the facts of your relationship do not accept whatever date is suggested to you.
  • Consider what assets may be excluded family property: excluded family property is generally not subject to division upon divorce or separation and typically includes  property acquired by a spouse before the relationship began, gifts from third parties, inheritances, and a portion of personal injury settlements. However, just because a property is classified as excluded property, does not mean that the entire property is excluded from division. The gain in the value of your excluded property is still subject to division.
  • Obtain appropriate and realistic asset valuations: The value of real estate, businesses, cars, art and collectables can be hard to determine.  If you and your ex don’t agree on something, it is recommended that you hire a professional to determine the value of these assets.  The costs of the valuation is often shared between you and your ex.
  • Find hidden assets, including overseas asset: Financial disclosure in family law is critical to the success and resolution of all family law cases.  Without it, parties cannot fairly negotiate, litigate, or have any kind of productive discussions regarding their property or support issues.  If you fail to disclosure, lie, or hide your assets, you risk a judge making an adverse inference against you.
  • Consider imputing income to your spouse: A self-employed spouse is often in a position manipulate their income in order to make it appear as if they earn less money than they actually do.  This means that if either you or your spouse are self-employed, determining income for support purposes is more complicated.
  • Secure cash advance to fund your case: the Supreme Court of British Columbia may make an order for an interim distribution of family property that is at issue to provide money to fund a family dispute resolution or the obtaining of information or evidence in support of family dispute resolution or an application to a court.
  • Recognize the history or status quo of your children’s care: courts are often reluctant to interfere with the “status quo” or history of your children’s care.  There is a presumption in favour of maintaining a particular parent regime or arrangement when children are accustomed to that schedule.

Protect Yourself and Your Property

What property belongs to you and what property belongs to your ex spouse, from the matrimonial home to antiques to stocks, will need to be evaluated and divided.  This division not only applies to your assets, it also applies to your liabilities.  Not all debts are “family debts”, which means how much and to whom can be open to debate.  There are also tax implications that need to be accounted for when dividing property, ranging from who will get the deduction to making sure that your settlement is structured to take advantage of available tax deductions.

Division of Family Property can be Complex

While the law dealing with division of property is simple, the implication of the law can be complex, especially when emotions are involved.  For example, what happens if one person brings an asset into the marriage, when then accumulates substantially in value, to the extent that the other party is unable to buy their co-spouse out of that asset?  Would selling the asset amount to a significantly unfair result, if the other spouse never contributed to the maintenance or upkeep of that asset?

At Nasser Allan, we work closely with our clients to develop a winning case strategy based on what matters most.  In some cases, it may be preserving a family heirloom that is otherwise subject to division.  We work hard to craft novel solutions to problems other lawyers might overlook.  Our experience and legal expertise mean we are trained to take on complex property division issues and help our client’s reach a fair settlement, quickly.

Current Divorce Law Issues

divorce and dividing family property

Is Family Property Split 50 50 in Divorce? Explained by our Divorce Lawyer, in Vancouver

The quick and dirty answer is, Yes. The Family Law Act says family property is divided 50/50 between spouses unless it is significantly unfair to do so. But there is much more to it. Learn More.

appeals, excluded family property BC

Excluded Family Property in BC Family Law

This article considers the concept of excluded family property in bc and when it will be divided between separating couples.

What our clients say

Nassim is an AMAZING lawyer. She knows the law, she explains everything to you and answers every question you have in detail, and will guide you in the right direction. She will never tell you what to do, but will tell you that “it’s your choice”, while giving you reasonable advice. I had a very difficult, stressful family law case, where I went through a couple of different lawyers. My last lawyer was Nassim, and her and I discussed a plan from day one, which lead our path. She had a sense of humour which made this stressful process much easier.

Nassim’s Client

Laura quickly came up to speed on my file and was able to gather precisely what had gone wrong with our previous lawyer and how to correct the situation. She was realistic, honest and upfront – qualities hard to find in legal representation. She represented facts, but also, for the first time in our year and a half ordeal, our lived experience was represented. Laura made us feel cared for and truly represented in court.

Laura’s Client

Nassim was an excellent Lawyer. She helped us settle and control the hustle environment we were into with ease. The result was greater than we ever had expected to happen in such short time. She is very knowledgeable and informative. Nassim was an absolute pleasure to work with. I would recommend her to anyone looking to for a family lawyer to get the job done.

Nassim’s Client

These last couple of months have been very stressful for me. Laura Allan has been very reassuring and patient. I found myself in the middle of a high conflict custody battle and I felt protected and taken care of the entire process. The emotional support and dedication to my case has been incredible.

Laura’s Client

Why choose us

  • We have the expertise

    Our divorce lawyers have extensive legal knowledge to help you navigate complex legal disputes.

  • We care

    We pride ourselves on our outstanding customer service, representing our clients with integrity and confidentiality.

  • We speak in plain language

    Communication with our clients is paramount. You will always be kept in the loop and know where your case stands.

  • We are efficient and cost effective

    We are upfront with what will be charged to you and work together with you so your case strategy does not exceed your budget.

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