At Candid Legal, we know that a contested divorce is the most costly way to end a marriage or a marriage-like relationship in British Columbia. In addition to the high financial costs, trials tend to amplify conflict and exhaust emotional resources. Divorce and family law lawyer Sabrina Yeudall is a skilled negotiator who will do everything possible to help her clients arrive at a settlement agreement that truly meets their needs. However, when negotiations are not fruitful, she does not hesitate to advocate for their rights at trial, and to pursue trial in the most expeditious and cost-efficient manner. Sabrina Yeudall works with families in the greater Nanaimo area and throughout Vancouver Island.
In a British Columbia contested divorce, one party files a Notice of Family Claim. This Notice of Family Claim sets out the relief sought by the filing party, and may include pleas for equal or unequal division of property and debt, specific arrangements for the parenting of minor children, and child and spousal support. The party filing the Notice of Family Claim may also seek a Certificate of Pending Litigation against any real estate that is or may be considered family property, and a restraining order restricting the other party's ability to deal with any assets that are or may be considered family assets.
Once a party has been served with a Notice of Family Claim, they must file a response within a set deadline. Oftentimes they must also provide a sworn Financial Statement containing extensive financial disclosure. If you have been served with a Notice of Family Claim, it is wise to immediately seek legal advice.
Parties that fail to file a Response to Family Claim risk being found in default and having orders made against them without further notification from the other party or the Court. When filing a response, the responding party may also file a Counterclaim which serves much the same purpose as a Notice of Family Claim.
Once court pleadings have been filed, the parties may be able to resolve some or all of the issues between them. This is often accomplished with the assistance of one or more dispute resolution professionals, like family law lawyer Sabrina Yeudall. This agreement can then be documented in either a separation agreement or a consent order. Whatever issues remain will go before the Court, either through informal case conferences, a summary trial, or a full trial.
You do not need to start a legal action to negotiate a separation agreement or otherwise resolve your family law matters. There are a number of process options available to you.
Our approach to contested divorce is structured by our three commitments: inform, empower and serve. We will continuously communicate with you about your matter and the options available to you, and by doing so empower you to make the decisions that will meet your family's needs. We strive to offer excellent service in the most cost-effective manner possible, and employ a variety of modern productivity technologies to enable us to do so.
We believe that, in many cases, an out of court resolution is ideal. We understand that a divorce can stretch even the most stable financial situations, and we do everything in our power to achieve the result you want without unnecessary expense. Sabrina Yeudall is a creative thinker and a flexible negotiator who is often able to guide clients to effective resolutions. However, when the other side refuses to abandon unreasonable positions, a trial may be the only option.
In court, Sabrina Yeudall is a fearless advocate whose focus is on obtaining the best result for you, the client. She is also ever mindful of the fact that while she is frequently in Court, this is often the first time her clients have been. With the assistance of the support staff at Candid Legal, she will seek to empower you to make informed decisions throughout the trial process.
Many separating spouses are able to resolve all of their issues by agreement, often with the assistance of a Nanaimo family law lawyer, mediator, or other dispute resolution professional. Written agreements can impact your legal rights for years into the future, and even prohibit your right to seek remedies to which you may not even realize you are entitled. Before signing a separation agreement, contact us for legal advice to ensure that the agreement actually does what you understand it to do, and that it only does what you understand it to do.
Once you have a signed separation agreement, it can be filed with the court registry and with the Federal Maintenance Enforcement Program. This will assist with the enforcement of any property and support rights set out in the agreement.
A divorce can only be obtained by a court order. However, if you are married, the separation agreement — if properly drafted and addressing all required areas — may also be sufficient to support an application for a desk order divorce. A desk order divorce application, when it is successful, means that you do not have to go to court to obtain a divorce.
Nanaimo lawyer Sabrina Yeudall at Candid Legal handles contested British Columbia divorces in Nanaimo and the surrounding Vancouver Island region. Contact Sabrina Yeudall at Candid Legal online, call (250) 585-1595, or email today to discuss how we may be of help in your case.