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Stokes Law LLP is currently accepting new clients in the Okanagan

Family / Divorce Law · Kelowna & the Okanagan

Family law for business owners and the self-employed.

When you own a business, separation is never just personal. Stokes Law LLP helps Okanagan entrepreneurs, professionals and incorporated owners resolve child support, spousal support and property division — protecting what you have built while reaching a fair outcome.

  • Guideline income for owners
  • Business and corporate property division
  • Valuation-ready financial strategy

Our office

460 Doyle Ave, Downtown Kelowna

Kelowna, British Columbia V1Y 0C2 · 8:30 am – 4:30 pm PT, Mon–Thu

Proudly serving the Okanagan

  • Kelowna
  • West Kelowna
  • Lake Country
  • Peachland
  • Vernon
  • Penticton
  • Summerland
  • Salmon Arm

In person in Kelowna, or virtually anywhere in the Okanagan Valley.

Why business owners choose us

Your income and assets are complex. Your lawyer should understand them.

For a self-employed person, line 15000 of a tax return is often the start of the conversation, not the answer. Retained earnings, dividends, personal expenses paid by the company and fluctuating year-over-year results all affect what child and spousal support should be.

Dividing family property raises the same issues. A company may be partly excluded property, carry shareholder loans, or hold real estate and investments. We identify what is shared, work with valuators where needed, and structure settlements that keep the business operating.

We act for both business owners and their spouses — whichever side of the table you are on, you need someone who can read the financial statements.

Support and property services for owners

Focused, financially literate representation for the two issues that matter most when a business is involved.

Guideline Income for the Self-Employed

Support starts with income, and for owners your tax return rarely tells the full story. We build a defensible Guideline income figure.

  • Analysis of T1s, T2s, financial statements and general ledgers
  • Add-backs for personal expenses run through the business
  • Pre-tax corporate income and retained earnings (ss. 17–19)
  • Salary vs. dividend structures and income splitting

Child & Spousal Support for Owners

Accurate Federal Child Support Guidelines and SSAG calculations where income is variable, seasonal or held in a corporation.

  • Income averaging for fluctuating years
  • Section 7 special and extraordinary expenses
  • SSAG ranges, duration and review terms
  • Variations when business income changes

Dividing a Business or Professional Practice

Protect the operation while dividing family property fairly under BC's Family Law Act.

  • Shares, holding companies and family trusts
  • Growth in value of excluded or pre-relationship businesses
  • Shareholder loans and corporate debt
  • Buy-out structures, payment terms and tax-aware settlements

Valuation & Financial Disclosure

We work with chartered business valuators and accountants so the numbers hold up in negotiation or court.

  • Selecting and instructing business valuators
  • Testing the other side's valuation and disclosure
  • Tracing excluded property and inheritances
  • Applications to compel disclosure from companies

Real Estate, Holdings & Investments

Owners often hold more than one property and multiple investment accounts. We untangle who owns what.

  • Family home, rental and recreational properties
  • Corporate-held real estate and investment holdcos
  • RRSPs, pensions, IPPs and corporate investments
  • Family debt and personal guarantees

Agreements that Protect the Business

Plan ahead or settle cleanly with agreements drafted with your company in mind.

  • Prenuptial and cohabitation agreements
  • Separation agreements with business provisions
  • Coordination with shareholder and partnership agreements
  • Independent legal advice

Separating and own a business?

Book a free, confidential 30-minute consultation to talk through support, your company and next steps.

Full-service family law

Divorce & Separation

Strategic guidance through every stage of separation and divorce.

  • Uncontested and contested divorce
  • Negotiated separation agreements
  • High-conflict and complex files

Parenting & Guardianship

Parenting arrangements that work around demanding schedules.

  • Parenting time and parental responsibilities
  • Guardianship applications
  • Relocation and mobility

Coercive Control & Family Violence

Safety-first strategy where control, including financial control, is present.

  • Protection orders
  • Exclusive occupancy of the family home
  • Financial abuse and hidden assets

How we work through your file

01

Free consultation

A confidential 30-minute call to understand your family, your business and what you need to protect.

02

Financial picture

We gather and review personal and corporate disclosure, and bring in valuators or accountants where needed.

03

Strategy & negotiation

We model support and property outcomes, then negotiate — directly, through mediation or in four-way meetings.

04

Resolution

Agreements or court orders that are clear, enforceable and workable for the business going forward.

05

Litigation when needed

If settlement is not possible, we take your case to the Supreme Court or Provincial Court of British Columbia — applications, financial evidence, expert valuators and trial — protecting you and your business.

Related reading

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Family law — common questions

How much does a divorce lawyer cost in Kelowna, BC?

Stokes Law divorce lawyer rates start at $275 + GST per hour. A simple uncontested desk divorce typically runs $1,500–$3,500 all-in. We offer a free 30-minute consultation so you can scope cost on your divorce matter.

How long does a divorce take in the Okanagan?

An uncontested divorce in BC is usually finalized in 4–6 months after the one-year separation requirement is met. Contested divorce matters involving parenting disputes, family violence, or complex property can take 12–24 months.

How is child support calculated in the Okanagan?

Child support follows the Federal Child Support Guidelines, based on the payor parent's Guideline income and the parenting arrangement. Section 7 expenses are shared in proportion to income. Self-employment income, corporate distributions, and pre-tax corporate income are scrutinized under sections 17–19 to determine a fair Guideline income.

How is spousal support calculated?

Spousal support follows the Spousal Support Advisory Guidelines (SSAG). The With-Child and Without-Child formulas use the parties' incomes, length of cohabitation, ages, and child support payable to produce a low–mid–high monthly range and a duration range.

What happens with parenting disputes and guardianship of children?

Parenting disputes are resolved under British Columbia's Family Law Act and, for married spouses, the federal Divorce Act. In BC, both parents are typically guardians of their children, and disputes focus on allocating parental responsibilities, parenting time, and contact — through negotiation, mediation, or the Provincial Court or Supreme Court of British Columbia where needed.

How are coercive control and family violence handled in a family law case?

Coercive control and family violence are explicitly recognized in both the federal Divorce Act and BC's Family Law Act. They affect the best-interests-of-the-child analysis, parenting arrangements, protection orders, and exclusive possession of the home. We build a safety-first strategy and coordinate with police and community resources where appropriate.

How is self-employment income determined for support?

For self-employed payors, Guideline income often differs from line 15000. We analyze T1, T2, financial statements, and shareholder loans, add back personal expenses run through the business, and consider corporate pre-tax income under section 18 to determine fair child and spousal support figures.

How is division of corporate assets and family property handled?

BC's Family Law Act governs division of family property — including the family home, RRSPs, pensions, business interests, shareholder loans, and digital assets — generally on an equal basis, subject to excluded property such as pre-relationship assets, gifts and inheritances. We work with valuators and accountants to identify, value, and divide corporate assets and family property fairly.

What courts hear family law matters in Kelowna?

Family law matters in Kelowna are heard in the Provincial Court of British Columbia (Kelowna) or the Supreme Court of British Columbia (Kelowna registry), depending on the relief sought. The Provincial Court cannot grant a divorce or divide property, so those matters must go to the Supreme Court. We help clients choose the right forum and move their file forward efficiently.

How does mediation work in a BC family law matter?

BC family law mediation is a confidential, without-prejudice process where a neutral mediator helps both spouses negotiate parenting arrangements, child and spousal support, and property division. Options include private mediation, free services through a Family Justice Counsellor at a Family Justice Centre, and mediation arranged through counsel. Mediated agreements are documented in a separation agreement or consent order, with each party first receiving Independent Legal Advice. Mediation is strongly preferred over litigation unless coercive control or family violence makes it unsafe.

How are parenting arrangements decided in the Okanagan?

Parenting arrangements are decided under the best-interests-of-the-child test in s. 16 of the Divorce Act and s. 37 of BC's Family Law Act. Courts weigh the child's needs, each parent's willingness to support the relationship with the other, history of caregiving, any family violence or coercive control, and — where age-appropriate — the child's views. Outcomes include guardianship, parental responsibilities, parenting time, and contact orders for non-guardians. Most parenting plans are settled through negotiation, mediation, or a Family Justice Counsellor rather than trial.

How is child or spousal support enforced in the Okanagan?

Support orders and agreements filed in the Supreme Court or Provincial Court of British Columbia can be registered with the BC Family Maintenance Enforcement Program (FMEP), a free government service that monitors, collects, and enforces support payments — including wage garnishment, licence suspension, and other collection tools when a payor falls behind.

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