Family Law

Our family lawyers assist our clients in resolving all matters related to the breakdown of their relationship.

This includes but is not limited to their parenting arrangements, child support and spousal support arrangements, and the division of their property (including the division of their houses, cabins, family farms and other businesses, pensions, investments, and other assets and debts). Our lawyers are experienced in resolving family law matters in various ways, whether that be through uncontested agreements or court proceedings, negotiated agreements, or litigation through court, and are well equipped to represent our clients through every stage of the process.

Our lawyers are also experienced in preparing cohabitation or prenuptial agreements for clients who want to set out their intentions regarding their property and other family matters in case of separation or death, at the beginning of their relationship or during their relationship.

Our Lawyers

Stephen Branigan

Shawn Eisler

Keith Murkin

Michelle Pearson

Jill Giesbrecht

FAQs (Frequently Asked Questions)

1) I called the office looking for a lawyer to help me with my separation and was told they had to complete a “conflict check.” What is a conflict check? A lawyer is generally not permitted to represent someone if doing so would be a “conflict of interest.” A conflict of interest can arise if a lawyer at our office has or is representing the other party in the conflict or has had a consultation with the other party in the conflict, i.e. your ex-partner or ex-spouse. A conflict of interest can also arise if a lawyer at our office has done work for one or both parties in the past or on an ongoing basis. A conflict of interest can also arise if another client of our firm is somehow connected to the case, or if it would be a personal conflict of interest for a lawyer at our office to act in the specific circumstances. So, before a lawyer from our office can meet with a potential new client, we have to ensure that doing so would not be a conflict of interest. To do so, we run a “conflict check” of our system using both parties’ full names. If there is a conflict of interest issue, we cannot assist and will refer you to another office for assistance.

2) I was told that no family lawyer at the firm can help me because they are “at capacity.” Why can’t they help me? There are not many family lawyers in the Brandon and surrounding area when compared to the general population of the area, and as such, our family lawyers already have a high case load of clients. Though they wish they could help everyone that needs help, they simply do not have the capacity to help everyone that calls into our office. Our family lawyers need to ensure that they have sufficient time to provide quality service to all of their existing clients, so are, from time to time, “at capacity” and unable to take on new clients.

3) I have been told that I will need to make a retainer payment to my lawyer. What is a retainer payment? A retainer payment is a payment that a new client makes to our office before our family lawyer begins any substantial work on their file. The payment is put into the new client’s “trust account” with our office and is used to pay for upcoming legal fees and disbursements that will be charged to their file. The required retainer payment depends on the nature of the legal assistance that is needed but is generally around $2,000-$2,500. When the first retainer payment to our office is used up, a further retainer payment will be required to ensure we continue to have funds moving forward, and our office will let you know when that is required. Generally, our family lawyers do not require a retainer payment prior to your first meeting with them but will talk to you further about your retainer payment at your first meeting.

4) I just have questions regarding my family situation or potential separation. Can I get a consultation with a lawyer and what is the cost? Yes, if there is no conflict of interest and one of our family lawyers has the capacity to do so, you can schedule a consultation with one of the family lawyers in our office. A consultation will give you a chance to learn more about the laws that apply to you and the separation/divorce process, and is an opportunity for you to ask any questions that you may have. Our usual consultation fee is approximately $360 for an approximately one-hour consultation but can vary depending on the lawyer that you meet with.

5) I do not have a lawyer and need a lawyer’s help right away as I have a family emergency/safety concern. Can I get help today? It is rare that one of our family lawyers will be able to assist you on the same day that you require assistance, as they are often already booked up with their existing clients, court, meetings, etc. Further, the regular family court system does not provide immediate/same day assistance for parenting disputes or safety concerns. If you or your children are in immediate danger, you should contact your local police or RCMP detachment for immediate assistance. If you believe your children are in danger with your ex, you should contact your local Child and Family Services agency. If you think that you and/or your children require a protection order against your ex, you should contact your local courthouse to apply for a protection order (the courthouse staff will walk you through the application process). You may also wish to use other resources such as the Women’s Resource Centre, the YWCA in Brandon or the National Domestic Violence Hotline for assistance.

6) What can I do if I cannot afford to pay a lawyer? We understand that the cost of paying a private lawyer can be significant, especially at a time when your finances may be uncertain due to separation. You may wish to contact Legal Aid Manitoba (https://www.legalaid.mb.ca/) to see if you qualify for a lawyer through Legal Aid, as Legal Aid offers free of charge lawyers or lawyers at a reduced rate to those who qualify. You will need to submit your application directly through Legal Aid to see if you qualify. If you qualify for Legal Aid and are approved, Legal Aid will appoint a lawyer for you.

7) How much does a family lawyer cost? The cost of a family lawyer varies depending on the lawyer and their hourly rate, and more importantly, depending on the nature of your case. It is not possible to say exactly how much you will pay in legal fees without knowing the details of your situation. The lawyer that you meet with will be able to give you an idea as to the possible cost of completing your separation/divorce once they know more about your situation and what needs to be resolved and have explained to you the possible ways to resolve your matter.

8) My ex and I have agreed on how to handle everything regarding our separation. Can we use the same lawyer to finalize our separation agreement? If ex-partners/ex-spouses have agreed between themselves as to how they are going to handle their parenting arrangements, support arrangements, and property division arrangements, as the case may be, those arrangements can be reflected in what we call an “uncontested” separation agreement. Even when both parties are agreeable to the terms, we generally recommend that each party retain a separate lawyer to provide them with “independent legal advice” before signing the agreement with them. This way, both parties can feel confident signing off on the agreement knowing that they have not missed anything that should have been dealt with, and the agreement will carry more weight having been completed independently. Further, if any issues come up that the parties had not considered when speaking with just each other, the independent lawyers can assist in resolving the issues. For these reasons, we recommend that one of the parties go to a different law office to review and sign the separation agreement, even if both parties agree to the terms of the separation agreement.

9) My ex and I are on fairly good terms and hope to avoid using lawyers to deal with our separation. Is there an option to do this? If both parties are agreeable, they can work with a mediator to resolve the issues related to their separation. Working with a mediator generally reduces the cost of proceedings for both parties (as you are both paying one mediator rather than two separate lawyers) and generally helps to keep separation matters more amicable, rather than litigious. At the end of mediation, most mediators will prepare a separation agreement for the parties based on the agreements reached at mediation, while other mediators will ask a lawyer to prepare the separation agreement based on the agreements reached at mediation. We recommend that both parties obtain independent legal advice before actually signing off on the separation agreement to ensure nothing has been missed or overlooked throughout the mediation process. There are mediators in Brandon, Dauphin, and Winnipeg that can provide service in person or virtually. There is also a free of charge mediation service available through the Province of Manitoba but wait times for this mediation are generally longer than private mediation.