If you are going through a divorce in BC or separation, you may be considering seeking advice from a lawyer to better understand your legal rights. Aside from the standard duties and responsibilities of a lawyer, there are a number of special duties which apply specifically to family lawyers when they are advising clients going through divorce or separation. This article outlines the unique legal duties of a family lawyer.
Duty to Discuss Reconciliation
Section 9 of the Divorce Act outlines duties which specifically apply to a lawyer advising clients going through divorce proceedings. First, a family lawyer has a duty to inform their client about the provisions of the Divorce Act that deal with reconciliation of married spouses. A lawyer is also required to discuss with their client the possibility of reconciliation with their spouse, and the availability of marriage counselling or guidance facilities that might be help assist the spouses achieve reconciliation. However, these duties may not apply if the nature of the circumstances show clearly that it would not be appropriate to do so, such as if there has been abuse. These duties are essential as courts will only grant an order for divorce if they are satisfied that there is no possibility of reconciliation between spouses.
Duty to Discuss Alternative Dispute Resolution Processes
A family lawyer has a duty to discuss with their client the availability of alternative dispute resolution processes such as negotiating a separation agreement, mediation, or collaborative divorce. Before doing so, a family lawyer must assess whether there has been family violence that has adversely affected the safety of a member of the family, and whether it may affect that party’s ability to negotiate a fair agreement. After considering the impact of family violence, a family lawyer must discuss the advisability of available alternative dispute resolutions and inform their client of all the facilities and resources available to them. This duty is very important as reaching a resolution outside of court proceedings can save you a great deal of time, resources, and emotional energy.
Duty to Discuss Arrangements Concerning Children
When there are children involved in the divorce in BC or separation in BC, a family lawyer must advise their client that any agreements or court orders regarding custody or parenting arrangements must be made by considering the best interests of the child only. This is essential to discuss as even if an agreement is reached on parenting arrangements, a court may set it aside and replace it if the court determines that it is not in the best interest of the child. If you would like to learn more about how courts determine custody rights, you can check out our post on Child Custody Rights in BC.
We hope that this article has helped you better understand the duties of a family lawyer. If you have any questions or need assistance with your divorce or separation, please do not hesitate to give us a call at 604-449-7779.