BC family law expert witness lawyers know psychologists, real estate valuators, business valuators and handwriting analysis experts may well be involved in your family law case. Our expert witness family lawyers act across BC, in Calgary and in downtown Toronto. Contact us early on so we can assist you in creating a winning family law strategy.
In hostile divorces, couples are often unable to come to an agreement about important issues such as parenting responsibilities and the division of assets. These issues can become contentious to the point where a trial is the only way to reach a resolution. Our BC family law expert witness lawyers handle international family law cases where millions are involved and experts providing proof of foreign law are often involved in these mega cases.
BC FAMILY LAW EXPERT WITNESS LAWYERS 1 877 602 9900
When a divorce goes to trial, a judge will make decisions about contested issues according to BC law. But before such decisions can be made, the judge needs to understand the divorcing couple’s situation. Each spouse’s lawyer will make an argument to the judge and try to convince them that their client’s perspective is correct. One way to do this is through the use of something called an expert witness. Tal Wolf, one of our senior, highly rated, BC family law expert witness lawyers explains how experts can assist you in winning your family case. 1 877 602 9900
When your family law case involves complex issues, MacLean Family Lawyers know can advise you how and when to bring forensic expertise to bear on your case, to ensure the best and most informed possible outcome. Call 1 877 602 9900 now.
WHAT IS AN EXPERT WITNESS? 1 877 602 9900
An expert witness is an individual whose experience qualifies them to form an opinion regarding an issue relevant to the case. The witness testifies before the court about things such as child welfare, a parent’s mental health, or a business’s financial value. A spouse could independently hire an expert witness to assess an issue while working with just the one party, and then to provide a written opinion that just the one party could choose to use, or the court may require an expert witness and require one or both parties to pay the cost. In fact, in BC experts used on the topic of property or debt division have to be jointly retained, at least at the outset.
Our BC family law expert witness lawyers know expert witnesses can demonstrate their competence through education, skill, or experience. They must explain the reasons for formulating their opinion, describe the methods they used, and provide any relevant data, such as test results or documents.
HOW CAN AN EXPERT WITNESS HELP?
The function of the expert witness will change according to the argument being made. For example, if parents disagree about who should be given parental responsibilities or how parenting time should be allocated, the expert would be a child specialist or psychologist certified to conduct investigations and to render detailed recommendations on these topics to the court.
A forensic accountant, on the other hand, can would be brought on board to investigate whether the other spouse is being honest about their finances during the divorce. One kind of forensic accountant is a certified business valuator, who can assess and then testify regarding the financial performance and fair market value of complex business operations, and also the true amount of income available from the business to pay support. They may also help to discover hidden assets.
YOUR LAWYER’S ROLE in a business valuation
When businesses are involved and subject to potential division under the Family Law Act, you may need a valuator. Although the divorce lawyer does not perform the business assessment directly, you will want to have a lawyer in your corner who has a thorough understanding of the valuation process. The Vancouver Complex Family Law Lawyers at MacLean Law can guide you through crucial threshold questions early in the divorce process, such as:
- Does this business have significant value?
- Can a preliminary value be calculated using a rule of thumb?
- Is a business valuation expert necessary?
- How much will an expert cost, and who is most qualified for the job?
VANCOUVER BC FAMILY LAW EXPERT WITNESS LAWYERS 1 877 602 9900
Equally important, your lawyer’s knowledge of business valuation will be an important part of conducting discovery to obtain key business records, to guiding and directing the forensic accountant, and to finding lines of cross-examination against the opinion of the other side’s valuation expert. Most “meat and potatoes” divorce cases involve a custody and support order and the division of marital home and some retirement accounts. Many lawyers try to make their living sticking to these straight-forward cases – while avoiding more complex cases that involve difficult math, tax issues, business analysis, and dueling expert opinions. Make sure these types of issues are your family lawyer’s strength, and not their weakness. If you have a question for any of our BC family law expert witness lawyers, call us toll free to set up an appointment.
Call 877-602-9900 to speak with an experienced BC separation and divorce lawyer at MacLean Family Law. We will guide you through all aspects of the expert witness process, and help you determine whether this potentially powerful tool can enhance both the settlement value of your case, and your chances of success at trial. Build your case strategically, and leave nothing on the table when it comes to the issues that matter most!