Your family law matter, from the time you separate to completing it, step by step

At Pathway Legal, we have walked thousands of BC families through separation and divorce.

For you, this might be the first time you have been involved in a separation or divorce process. With any luck, it will be the only time.

Clients have told us that the hardest part of working with a lawyer was not knowing what came next, or where they were in the process. That is why we wrote this.

Here is the short version:  Your matter starts when you separate. It ends with a final separation agreement or a court order that spells out how your property and debt are divided, what your parenting arrangement looks like, and who pays child support or spousal support (and how much).

Everything in between is these ten steps. 

1. You separate and retain us

You sign a retainer agreement and we open your matter. From here, you have a legal team. We gather your history, your documents, and your goals, and we talk about what a good outcome looks like for your family.

Timing: same day to a few days from your first contact with Pathway Legal.

2. We make contact with the other side

The other party (or their lawyer) needs to know you have counsel and that your matter is moving. Depending on your situation, this looks like one or more of the following:

• We send an invitation to negotiate to the other party or their lawyer.
• We formally respond to any court materials that have been served on you.
• We file an Appointment of Counsel, which tells the court and everyone involved that we act for you.
• We notify the other party or their lawyer that we are retained on your family matter.

Timing: usually within the first week or two of retaining us.

4. We set the date that finishes your matter

With the other party or their lawyer, we agree on the step that will bring your matter to a close, and we put it in the calendar.

Some matters do settle through negotiation between the parties or the lawyers, and that is a good outcome when it happens. Negotiations can also stall or fall apart, so we never rely on them alone. Booking the finishing step early keeps your matter moving even if the talks go nowhere.

That finishing step is one of these:

• A four-way meeting, a settlement meeting with both parties and both lawyers.
• Mediation, where a neutral third party helps you reach an agreement. We recommend you bring your lawyer to mediation.
• Mediation/arbitration, which starts as mediation and, if you do not settle, converts to a binding decision.
• Arbitration, a binding decision from a private decision-maker, usually faster than court.
• A Provincial Court trial, if court is where your matter has to land.
• A Supreme Court trial, for matters that involve property division, divorce, or higher-value claims.

Timing: the date gets booked within weeks of when you can book it which is often many months after we are retained. The date itself may be months out, and court dates are commonly many months, and sometimes years, away.

5. We attend the resolution step

We prepare you fully before the day arrives. You will know what to expect, what the other side is likely to argue, and what a realistic outcome looks like. Then we show up with you and do the work.

Timing: one day for most mediations and settlement meetings. Trials and arbitrations can run several days. Trials can last weeks. 

6. You get an outcome

This is the finish line. Either you reach an agreement, or a decision-maker issues a binding arbitration award or court order. Either way, you now have clear answers on property, debt, parenting, and support.

Timing: with a negotiated agreement, you will typically sign the same day or within a few days. If your matter goes to trial, the court can take anywhere from about a week to several months (and we have seen up to 1.5 years!) to release its decision and the reasons behind it.

7. We put it in writing

An outcome is not final until it is documented properly. If you reached an agreement, we draft the final separation agreement and manage signatures and witnessing. If a decision-maker ruled, we draft the order and get it entered with the court.

Timing: the same as step six.

8. The terms get implemented

Some agreements and orders need steps taken afterward: transferring title to property, dividing pensions or RRSPs, refinancing a mortgage, registering support with the Family Maintenance Enforcement Program.

Sometimes we stay involved and handle these pieces for you. Other times you can take care of them yourself without our input or assistance. It depends on you and how much help you want or need from us. 

Timing: every case is different.

9. We obtain your divorce

If you are married and want to be divorced, this is a separate from the agreement you reached if you reached one. It is often included in a court order if you went to a Supreme Court trial. 

This step and step eight often run at the same time rather than one after the other.

Timing: typically around six months from the date of filing, though this can vary.

10. We close your matter and send you on your way

We confirm everything is complete, return your original documents, and close things out. Our hope is that you leave with clarity, a plan, and a good deal less weight on your shoulders than when you walked in.