Area of law
Family Law

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Family law is personal, often complicated, and can feel uncertain. Whatever you require, whether it be seeking advice, getting a divorce, or custody considerations, we are here to help you understand your options. Our team can walk you through the options so you can make informed decisions.

Our team is also able to assist in creating marriage agreements, as well as in the legal aspect of an adoption process. Because family issues often overlap with financial or business matters, we work closely with other lawyers across our firm so you receive the benefit of our collective expertise.

Focus Areas

Marriage agreements, divorce, parenting decisions, and property division are complex matters that frequently involve heightened emotions. We understand that navigating family law can feel overwhelming, but our team is committed to providing you with legal counsel that simplifies the process and makes your next steps clear.

Divorce and Separation

Separation and divorce are challenging, but LK Law’s family law and divorce mediation services can help you navigate a difficult process as smoothly and efficiently as possible.

Mediation provides an opportunity to resolve matters outside of court through structured discussions, and our team is experienced at helping clients reach fair agreements and avoid costly complications down the road.

There are many different forms of mediation, including four-way meetings with just lawyers and clients, mediation, or a judicial settlement conference. While not all cases are a good fit for mediation, the vast majority of them are and mediated settlements are usually more cost-effective and less risky than going to court.

Asset and Debt Division

Divorce and separation can be complicated and emotionally draining, which is why having a lawyer who can advocate for your future is so important. In B.C., asset and debt division defaults to an equal split between parties, unless it is unfair to do so. Exceptions can also be made for “excluded property,” so, for example, a home one party had purchased before marriage. If exceptions apply to you, our family lawyers can identify this and help you through every step of the process, making sure you understand your rights and responsibilities.

Custody and Guardianship

When it comes to custody and guardianship, the best interest of the child is always the top priority. We help navigate the intricacies of parental rights and responsibilities, ensuring the child’s wellbeing is protected. This often, though not always, means maintaining a meaningful relationship with both parents. We handle each case with sensitivity, understanding the challenging nature of custody and guardianship matters, and always prioritize the child while advocating for your rights as a parent.

Child and Spousal Support

Child support is crucial to ensuring a child’s basic needs—food, shelter, education, and medical care—are met following a marriage breakdown. Our family lawyers help you secure the support you are entitled to, ensuring the wellbeing of your child(ren).

Spousal support, unlike child support, is discretionary and is meant to help the lower-income spouse maintain stability and compensate for financial disadvantages caused by marriage or its breakdown. We advocate on behalf of our clients, working to create a resolution that is fair for both parties.

Cohabitation and Prenuptial (Marriage) Agreements

In BC, couples who live together in a marriage-like relationship for two years are considered spouses under the Family Law Act with the same rights as married couples. We help clients draft clear prenuptial and cohabitation agreements that reduce the risk of future disputes or legal costs if the relationship ends.

For an agreement to be enforceable, both parties must fully disclose their finances and receive independent legal advice.

Mediation and Arbitration

For families looking to resolve issues outside of court—whether to speed up the process or keep things private—LK Law offers alternative dispute resolution through mediation or arbitration.

In mediation, a neutral mediator helps both parties reach a mutual agreement but does not make decisions or offer legal advice.

If you choose arbitration, an arbitrator will make a final, binding decision on the matter. This approach can be a more efficient and private way to settle disputes.

Adoptions

Adoption creates a lifelong, legally recognized bond between adoptive parents and a child under BC’s Adoption Act. Throughout the process, the best interest of the child comes first. Our lawyers guide you through every step of the adoption process, from court forms and applications to affidavits and adoption orders. We focus on efficiency, helping you navigate the legal side of building your family without unnecessary delays.

Valuing and Protecting Business Interests

Joint business ventures add complexity to family litigation, which is why it is crucial to work with a lawyer who understands how to properly value your business and how it impacts the division of assets.

In family disputes, the other party may be entitled to both the business’s earnings and its underlying value. LK Law’s team of business and family lawyers work collaboratively to ensure your interests are protected.

Tax Implications Upon Marriage Breakdown

When dissolving a marriage or common law partnership, there may be unexpected tax implications for you to consider. Spousal support and your RRSP, for instance, may or may not be subject to tax depending on certain factors. At Lindsay Kenney, our lawyers are here to help you make sense of these tax implications and provide you with the information you need to ensure you are adhering to tax laws.

Children’s Law

Every child has the right to express their views and opinions regarding family matters and have them considered. Our team can represent a child as their lawyer in court, keeping their communications confidential and privileged. We meet with the child to understand their views and may also consult with key people in the child’s life to provide context.

Our role is to ensure the child’s voice is heard and considered independently, without representing either parent. We can also assist in gathering information about the child’s preferences when they do not have their own lawyer, helping the court and parties better understand what might be in the child’s best interest.

Conflict In Separation/Divorce

Separation and divorce are not always amicable, and in high-conflict situations where emotions run high and impact decisions around support, parenting matters, and property division, our lawyers are equipped to step in. We have the experience and resolve to manage even the most contentious cases, working to diffuse conflict and guide matters toward resolution. As your representation, our goal is always to reach a peaceful settlement, but when cases turn high-conflict, our firm is prepared to take on the challenge.

International Custody Disputes

Successfully handling international custody cases requires deep knowledge of differing legal systems and international law, including the Hague Convention on the Civil Aspects of International Child Abduction, which sets the framework for the swift return of children who have been unlawfully removed or retained across borders. Our lawyers have the experience and proven track record to manage these complex, cross-border parenting disputes, bringing the expertise and resolve needed to overcome some of the most challenging custody situations.


Our Family Law Lawyers

Combining a compassionate approach with fierce advocacy, our family law team is here to help you move forward in life, to protect your rights, and to guide you through the legal process, working toward the best outcome for you and your family.