How Long Does a High-Net-Worth Divorce Take? Can It Be Expedited?
FAQs
How Long Does a High-Net-Worth Divorce Typically Take in BC, and Can It Be Expedited?
A high-net-worth divorce in British Columbia typically takes 12 to 36 months to resolve, depending on the complexity of financial matters, property division, and disputes over child custody or spousal support. While the timeline can be lengthy due to the detailed financial disclosures and negotiations required in high-asset cases, there are ways to expedite the process.
Timeline of a High-Net-Worth Divorce in BC
Separation Period
- You must be separated for at least one year before applying for divorce under the Divorce Act, unless the grounds are adultery or cruelty.
- Negotiations and financial disclosures can begin during this period.
Financial Disclosures
High-net-worth divorces require extensive financial disclosure, including:
- Income statements
- Business valuations
- Property appraisals
- Investment portfolios and trusts
This phase can be time-intensive if one party delays or disputes asset valuations.
Negotiation and Settlement
- Many high-net-worth divorces involve lengthy negotiations to resolve issues like property division, child support, and spousal support.
- If the parties can agree through mediation or collaborative divorce, this phase can be shorter (3–12 months).
Litigation (if Necessary)
- If disputes cannot be resolved amicably, the case may proceed to court, which significantly lengthens the timeline (18–36 months or more).
Finalizing the Divorce
- Once all issues are resolved, a divorce order is granted. The divorce becomes final after a 31-day waiting period.
Factors That Impact the Duration
Complexity of Financial Assets
- Valuing high-net-worth assets, such as businesses, real estate, offshore accounts, or investments, requires expert appraisals and can extend the process.
Level of Cooperation
- If both parties cooperate and negotiate in good faith, the timeline can be significantly reduced.
- High-conflict divorces or non-disclosure of assets can lead to delays.
Child Custody and Support Disputes
- Resolving parenting arrangements or child support in high-net-worth cases can take longer if the parents cannot agree.
Court Availability
- Court schedules and backlogs can add months to the process if the case goes to litigation.
Can a High-Net-Worth Divorce Be Expedited?
Yes, there are ways to expedite a high-net-worth divorce:
Alternative Dispute Resolution (ADR)
- Mediation: A neutral mediator helps the parties reach an agreement on financial and parenting issues.
- Arbitration: A private arbitrator makes binding decisions, bypassing lengthy court delays.
- Collaborative Divorce: Both parties and their lawyers commit to resolving issues out of court.
Early Financial Disclosures
- Providing comprehensive and accurate financial disclosures early in the process prevents delays caused by disputes or incomplete information.
Use of Experts
- Retain financial professionals (e.g., accountants, business valuators, property appraisers) to streamline the valuation of complex assets.
Focus on Key Issues
- Narrow the scope of disputes by identifying priorities and avoiding unnecessary litigation over minor issues.
Settlement Agreements
- If both parties agree to terms through a separation agreement, the divorce can be finalized more quickly.
Example in a Vancouver Context
A high-net-worth couple in Vancouver owns multiple properties, a successful business, and investments. They agree to use mediation and retain a joint financial expert to appraise their assets. By focusing on key issues and avoiding litigation, they finalize their divorce within 12 months. If they had litigated, the process could have taken over two years.
Benefits of Expediting a High-Net-Worth Divorce
- Reduces emotional and financial stress.
- Preserves privacy by resolving disputes outside of court.
- Allows both parties to move forward sooner.
Seek Legal Assistance
If you’re navigating a high-net-worth divorce and want to expedite the process, Mills Family Law, experienced Vancouver family lawyers, can help. We can guide you through efficient dispute resolution methods and ensure a fair outcome without unnecessary delays. Call us at 778-945-3003 or fill out our web form to get started today.
Related FAQs
- How are complex assets like businesses valued in a divorce?
- Can I protect my offshore or hidden assets during the divorce process?
For more details, refer to the Divorce Act or the Family Law Act of BC.