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Learn More About Divorce Law

At Lowther Family Law, serving clients throughout British Columbia, we believe it is important for our clients to have a clear understanding of how the law affects them. On this page you can find more information about divorce law. If you have additional questions, or would like to schedule an initial consultation, please contact us.

Divorce Law
Divorce law in Canada is governed by the federal Divorce Act, which states that a divorce can be granted based on any of these 3 grounds:

  1. Separation for a period of 1 year
  2. Adultery
  3. Mental and/or physical cruelty

In the case of a 1 year separation, usually the word of the person applying for the divorce is enough. In cases of adultery or physical and/or mental cruelty, the court will often require a stricter standard of proof.

Dependent Children
If it's the case that there are dependent children, the court will have to be satisfied that reasonable arrangements to support the children have been put into place before it will grant a divorce. Typically this means that the parties will need to establish that child support is in fact being completed in accordance with the Child Support Guidelines. Read more about child support here, and spousal support here.

Uncontested Divorce
If your divorce is uncontested, that means that the grounds are not disputed by other party, or that they are admitted and no other issues are in dispute (such as child support, property division, or custody and access).

At Lowther Family Law, we charge a very reasonable flat fee of $600 (plus taxes and disbursements) for an uncontested divorce without children, and $850 (plus taxes and disbursements) for an uncontested divorce with children. You can learn more about our fees on our fees page. If you'd like to begin the divorce process, or to learn more, please call our office for an appointment.

Note: The information provided above is general information only and is provided as a public service. For detailed information and advice with respect to your specific circumstances, please contact our office for an appointment.