Settlements
Family law settlements in Surrey, BC
Most family law files settle rather than being decided by a judge. A settlement is only sound if you know what the alternative was worth, which means seeing the full financial picture before you sign, not afterwards. Once signed and properly witnessed, a settlement is binding and reopening it is difficult.
We review offers, negotiate them, and draft the documents that make a settlement stick. If you have been handed an offer with a deadline attached, that pressure is itself a reason to get it looked at before you respond.
The short version
Do not measure an offer against what you hoped for. Measure it against what a court would likely order, discounted by the cost and time of getting there. A review takes hours. Unwinding a bad settlement takes years, and usually does not succeed.
Should I sign what has been offered?
Not before you know three things: whether the financial disclosure behind the offer is complete, what the likely range of outcomes is if the matter were decided, and what it would cost in time and money to pursue that.
Offers frequently arrive with a short deadline. That is a negotiating tactic rather than a legal requirement. A reasonable offer survives a few days of review, and one that will not is telling you something.
What is a fair settlement?
Fair means an outcome within the range a court could reasonably reach on your facts, adjusted for the risk, delay and cost of getting a decision. Certainty has real value, and so does a resolution that lets you plan.
Settlements also trade across issues in ways a court would not. Keeping the family home in exchange for a smaller share of a pension may be exactly right for one person and wrong for another. That judgment is where advice earns its cost.
What happens if we cannot agree?
There is a range of options between an unsigned offer and a trial: a further round of negotiation, mediation, arbitration, a judicial case conference, or a settlement conference before a judge who gives a non binding opinion.
Filing a court application does not end settlement discussions. Many files settle shortly after disclosure is complete, because that is the first point at which both people are looking at the same numbers.
Can a settlement be reopened?
Rarely, and only on specific grounds. For property and debt, section 93 of the Family Law Act allows an agreement to be set aside for failure to disclose significant assets or debts, improper advantage taken of a person's vulnerability, or a person not understanding what they signed.
Regret is not a ground. Neither is discovering that a different lawyer would have negotiated differently. Child support is the exception that can always be revisited, because it belongs to the child.
What does it cost to have an offer reviewed?
A review is a defined piece of work: read the offer and the disclosure, explain what it means, identify what is missing, and set out the likely range of outcomes. It is one of the least expensive things we do and one of the most useful.
If you decide to proceed on the terms offered, the remaining work is drafting or providing independent legal advice, which is also a bounded cost.
“She is extremely knowledgeable, and an experienced family law lawyer. I would highly recommend her to those who are looking for an experienced family law lawyer to deal with all family law matters.”
How we can help
- 01 Independent review of a settlement offer before you respond to it
- 02 Negotiation of terms through counsel where an offer is close but not right
- 03 Terms of settlement, separation agreements and consent orders drafted properly
- 04 Independent legal advice and a certificate for the other side's file
- 05 Judicial case conferences and settlement conferences
- 06 Applications to set aside an agreement signed without disclosure or under pressure
The path a matter takes
Every file is different, but the shape is usually the same. Timings are typical, not promised.
01
First conversation
What has happened, what you want, and what the law actually allows.
Week one
02
Disclosure
Income, property and debt on the table for both sides. Nothing moves without it.
Weeks 2-8
03
Negotiation or mediation
Most matters resolve here, in writing, without a courtroom.
Months 2-6
04
Agreement or order
Terms signed, or filed with the court so they can be enforced.
On resolution
Frequently asked questions
Should I sign the settlement I have been offered?
Not before you know whether disclosure is complete and what a court would likely order on your facts. A short deadline attached to an offer is a negotiating tactic, not a legal requirement.
What is a fair settlement?
One that falls within the range a court could reasonably reach on your facts, adjusted for the cost, delay and risk of getting a decision. Certainty has genuine value in that calculation.
What happens if we cannot agree?
Options between an offer and a trial include further negotiation, mediation, arbitration, a judicial case conference and a settlement conference. Most files settle before trial, often once disclosure is complete.
Can a settlement be reopened later?
Only on limited grounds, mainly non disclosure of significant property or debt, improper advantage taken of a vulnerability, or not understanding the agreement. Changing your mind is not a ground.
What does it cost to have an offer reviewed?
A review is a bounded piece of work: reading the offer and disclosure, explaining the terms, identifying what is missing, and setting out the likely range. It is one of the least expensive steps in a family law file.
Is a settlement reached in mediation binding?
Once the terms are written up and signed, yes. Discussions during mediation are generally without prejudice, so nothing binds you until the document is executed.
Can child support be settled permanently?
No. Child support belongs to the child and can be revisited when income or circumstances change, whatever the agreement says. A clause claiming to prevent that is not enforceable.
This page is general information about family law in British Columbia. It is not legal advice for your situation, and the law changes. Speak with a lawyer about the facts of your own matter.
