Family Law Drafting Basics 2026

Course Chair
Beatrice C. McCutcheon — Murrell & Ittah, Victoria

About the Course Chair
Bea McCutcheon practices exclusively in the area of family law. Her practice focuses on negotiating and drafting agreements, as well as advising on and drafting pension division documents. Bea assists with the negotiation and drafting of agreements, both prior to cohabitation or marriage and after separation. She also advises both clients and other counsel about the division of pensions on marriage breakdown and drafts pension division terms to be included in orders and agreements.

Bea is a frequent presenter and author in these areas. She is a member of the Editorial Board for the CLEBC Family Law Agreements Annotated Precedents and has assisted the BC Law Institute in preparing the upcoming fifth edition of Questions and Answers about Pension Division on the Breakdown of a Relationship in British Columbia.

Faculty
Justice Lisa J. Hamilton — Supreme Court of BC, New Westminster
Alex Boland — Connect Family Law, Kelowna
Julia Chalkley — Connect Family Law, Kelowna
Ian B. Hayward — Hayward Sheppard, Vancouver
Roja Safartabar — Daykin Walker Kaderly Wahid LLP, Vancouver
Kimberley J. Santerre — Owen Bird Law Corporation, Vancouver
Meghan Selinger — Silver Selinger LLP, Vancouver
Samantha P. Simpson — Jenkins Marzban Logan LLP, Vancouver

Click here for full faculty bios

• pleadings generally
• prudent practices
• drafting guidelines and pitfalls
• amending pleadings
• useful examples
• basics of affidavit drafting

• form 8 (SCBC) and form 4 (PCBC) a wish list or an accurate reflection
• what information must you obtain from your client
• what information should you obtain from your client
• what documents should you request when reviewing the other party's financial statement
• using information in the other party's financial statement to your advantage
• avoiding your form 8 or form 4 being used against your client
• brief overview of imputing income from expenses shown
• consequences of inadequate and late financial disclosure
• common problems and unusual situations

• the ethical obligations inherent to ex parte applications
• how to properly advance an urgent issue
• the "do's and don'ts" of drafting content for ex parte applications
• how to say no to your client: don't risk being the lawyer who cries wolf

• when are they necessary
• when they are, what ought to be included and what ought not
• doing the cost-benefit analysis for the client

• cohabitation agreements, marriage agreements, separation agreements
• independent legal advice
• lessons from the case law

• settlement proposals
• without prejudice communications
• drafting court orders and minutes of settlement (and when to use them)
• pet peeves of the Registrars
• tips on avoiding client complaints

• mediation briefs
• judicial case conference briefs
• settlement briefs