Family & Divorce Lawyers in Kamloops

Divorce, separation, child custody, and other family law issues can be emotionally draining and frustrating. At Martin & Martin Lawyers, we can help alleviate some of that stress by providing professional legal support so you can fight effectively for your rights. 


Our family and divorce lawyers in Kamloops can help with:


We also encourage anyone facing distressing family issues to get help now by contacting a resource in the Kamloops community. Call 9-1-1 now if you are in immediate danger.

Family law often involves people closest to you. Therefore, emotions can run high. Family law is an area of practice that requires compassion, empathy, and patience. As experienced family law and divorce lawyers in the Kamloops area, we strive to make your experience easier. Contact us now.

Early Resolution of Family Law Disputes

Taking family law issues to court can be time-consuming as well as financially and emotionally costly. It can be easier for conflicting parties to settle disputes out of court.

Here are some advantages to early resolution:

  • By solving a problem on your own, early resolution helps preserve family relationships
  • Compiling evidence can be expensive
  • Mediation: A neutral third-party mediator can be used to constructively reach a decision
  • Arbitration: This is a formal technique that is similar to the court environment but avoids the costly expense of a court; instead, a private arbitrator is hired to make a decision based on evidence submitted by each party
  • When a case is resolved out of court, the decision-making authority lies with the disputing parties; in a court, the judge (with limited knowledge of the situation) has the authority to make any decision based on how they perceived the evidence


For more information about mediation, arbitration, and settling outside of court, please contact us for professional legal support.

Family Law Agreements

Family law agreements can give both parties of the relationship clarity in regard to division of assets, debt, support, and household management. There are family law agreements for partners before marriage, married couples, and couples about to be separated


Prenuptial Agreements

A prenuptial agreement is used to detail what should happen to each partner’s assets in the event of divorce. Prenuptial agreements can also include:

  • Clarifying each party’s right to claim property brought into the marriage and property bought during the marriage, such as a new house
  • Agreements on inheritances or windfalls and whether these should be shared or kept separate
  • How household chores and expenses will be divided during the marriage
  • How retirement savings will be handled
  • Clarifying each person’s responsibility for children brought into the marriage or born of the marriage
  • Spousal support
  • It is important the Prenuptial Agreement be carefully drafted, and appropriately considered by each party, to guard against every material eventuality that could adversely affect the parties. A regular review of the Prenuptial Agreement throughout the marriage is an important mechanism to ensuring the Agreement remains fair and thus will be upheld in the future, if the parties separate.


Some people find prenuptial agreements unromantic, or that they are only done by partners who don’t trust each other. Other people find prenuptial agreements empowering because partners work together to find agreements both are happy with. If one partner has significantly more assets, it may also give them more peace of mind.


Marriage Agreements

Marriage agreements are similar to prenuptial agreements, except they are usually completed shortly after the marriage. Marriage agreements also set out agreements on division of assets, responsibilities, and property.


Cohabitation Agreements

Cohabitation agreements are also similar to marriage and prenuptial agreements. They detail the rights and responsibilities of each party before or shortly after moving in together. They can cover what happens if and when they marry, or the event that the relationship ends.


Separation Agreements

Separation agreements can apply to both married and common-law relationships. They are effective at settling disputes over child support, property, debt, and spousal support. A separation differs from a divorce in that both partners are still legally married; they just live their lives independently. Therefore, there is opportunity for a reconciliation of the relationship in the future. Separation agreements require mutual trust and respect between the two parties.

Child Support & Spousal Support

Parties of a terminated relationship can appeal for financial support in regard to living expenses, housing, education, and more, for themselves and/or for their children.


Child Support

Child support is payment made to the parent with custody over the child by the parent without custody. Child support may be an obligation for:

  • Married parents
  • Unmarried parents
  • Parents of any gender
  • Legal guardians and step-parents
  • Biological parents, even if they have no role in the child’s life


Child support is meant to benefit the child, not the parent. Money goes towards things like food, housing, and school supplies.


Spousal Support

Spousal support is paid by one person to the other after a relationship has ended. It is meant to financially support and compensate the recipient for decisions made by the couple during their relationship, decisions that were not advantageous economically to the recipient at the relationship’s end. Factors that go into determining the payment includes the time the partners lived together, their functions during this period, and other unique conditions and the means of the partners.

You do not have to be married to receive spousal support. Anyone in a married or unmarried spousal relationship can be entitled to spousal support if they apply within two years of the separation. However, not everyone is entitled to spousal support. It really depends on each party’s circumstances. For example, if one party is incapable of working due to health or age, spousal support may be appropriate.

Property & Debt

The Family Law Act addresses the division of property and debt of people who qualify as “spouses.” This means parties must have been legally married or be in a “marriage-like” relationship for at least two years. The Act provides that each spouse keep property they acquired before the start of the relationship and share property acquired during the relationship. This includes debt, so debt incurred by one partner before the relationship remains that person’s individual debt, but debts that were incurred during the relationship are to be shared barring specific exceptions.

Some definitions:

  • “Family property” is acquired during the relationship and owned by one or both partners on the day they separate
  • “Excluded property” is property that will not be divided after the separation unless under certain circumstances

Family Violence

Family violence must be considered in every family law case by dispute resolution professionals such as:

  • Lawyers
  • Mediators
  • Arbitrators
  • Family justice counselors
  • Parenting coordinators


Family violence includes neglect as well as physical, sexual, psychological, and emotional abuse. For children, family violence includes direct or indirect exposure to family violence.

A “protection order” may be acquired by a party from the court to protect a family member from another family member if the court determines that the former family member is a danger.

Find Support Today

Divorce, separation, child custody, and other family law matters are heavy subjects, and divorce lawyers can help Kamloops residents navigate the legal landscape. 


If you need support, please don’t hesitate contact one of these resources:


When faced with a difficult life event, the lawyers at Martin & Martin Lawyers can help. Having someone on your side fighting for your best interests can give you peace of mind and help you navigate complex legal issues. Contact us today for a consultation.

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