Why Basic Legal Concepts Matter in Family Law
If you’re starting a family law case in BC, you might feel overwhelmed by all the legal terms and rules. But understanding a few core concepts can help you avoid costly mistakes, protect your interests, and work better with your lawyer.
Let’s break down some of the most important ideas you’ll encounter.
1. Conflict of Interest: Why One Lawyer Can’t Act for Both Sides
A common question:
“If we agree on everything, can we use the same lawyer?”
The answer is no.
Why? Because in every family law case, each spouse wants to protect their own interests. There’s always a risk those interests will clash—over money, kids, property, or the future. In BC, a lawyer can only act for one side. Even if things seem simple now, conflicts may pop up later, so a lawyer must always put one client’s interests first.
2. Solicitor-Client Privilege: Your Secrets Stay Safe
Anything you say or share with your lawyer—documents, advice, strategy—must stay confidential. This is called solicitor-client privilege. Even if the police ask, or your ex demands it, your lawyer can’t share what you said unless a court orders it, with very rare exceptions.
Why is this so strict?
Because you need to be honest and open with your lawyer for the system to work. If you worried your secrets might leak, you’d never fully trust your legal advisor.
3. The “Balance of Probabilities” Standard
In family law (and all civil cases), the court decides who wins based on what’s more likely than not—over 50%. This is called the balance of probabilities. It’s a lower standard than in criminal cases (which require proof “beyond a reasonable doubt”).
What does this mean for you?
- The judge only needs to be convinced your side is a little bit more likely
- Sometimes, there’s no clear answer, and even lawyers can’t promise a sure win
4. Hearsay Evidence: Second-Hand Stories Usually Don’t Count
Suppose you say in court, “My friend told me my ex hid money.” That’s hearsay—a story about what someone else said, not what you saw or heard yourself.
BC courts generally won’t accept hearsay as evidence because:
- The original speaker isn’t in court to swear their statement is true
- The other side can’t cross-examine them
Bottom line: If you want the court to believe something, bring the person who saw or said it to testify.
5. Secret Recordings: Not Always Admissible
Clients often ask if they can secretly record conversations or take hidden videos as evidence. BC courts are cautious here. Evidence collected by secretly recording someone without their knowledge usually breaks privacy laws—and most of the time, judges don’t allow it, except in rare cases.
Tip: Always talk to your lawyer before recording anything.
6. Speculative Evidence: Guesswork Doesn’t Win Cases
Judges need facts, not guesses. If you claim, “My ex will take the kids and run away if she gets money,” but have no proof, that’s speculation. The court wants real evidence—documents, photos, or reliable testimony—not just what you fear might happen.
Best practice: Use actual documents or your own testimony for the strongest case.
7. Relevance: Only What Matters to the Issues Counts
Relevant evidence is anything that helps prove or disprove the main issues in your case. For example, whether your spouse had an affair doesn’t matter in BC when it comes to parenting time, child support, or dividing property.
If it’s not about the legal issues, the judge doesn’t want to hear it.
8. Lawyer Fees: How Much Will It Cost?
People often ask about lawyer fees in BC. Here’s how it works:
- Fixed fees for simple, non-contentious matters (like drafting a separation agreement)
- Hourly fees for anything involving negotiation or court
Hourly rates:
- 1–5 years’ experience: $200–$350/hour
- 10+ years: $350–$500/hour
- Over 20 years: $500–$1,000/hour
How to choose a lawyer?
- Experience: Look for someone with at least 10 years if your case is complex
- Communication: You should feel heard and understood, especially about your background and values
- Compassion: A good lawyer cares about your case, not just the bill
- Honesty: Pick someone who gives realistic advice, not just what you want to hear. Sometimes settlement is better than a long, expensive court battle.
Final Thoughts: Make the Law Work for You
The justice system can seem confusing, but understanding these basics can give you peace of mind. Always work with a lawyer you trust, who will protect your rights, communicate openly, and guide you every step of the way.
Need Help with a Family Law Case in BC?
Contact George Lee Law for honest, compassionate, and experienced guidance—every step of the way.
Languages: English, Mandarin Chinese, Cantonese
Phone: 604-681-1611
Email: info@gleelaw.com
Website: gleelaw.com
This article offers general information about BC family law. For advice about your case, speak with a qualified BC family lawyer.
