Author: Mark-John

Can You Still Get a Divorce if Your Spouse Won’t Sign?

/ Mark-John

We have compiled a list of commonly asked divorce questions and our answers. Should you require further information please give us a call at 604-449-7779 and we will be honoured to help.

Can I divorce my wife without her consent?

Consent is not a legal requirement in obtaining a divorce. One of the legal requirements that the courts must be satisfied with is that there has, in fact, been a breakdown of the marriage (Divorce Act, s. 8(1)). Breakdown of the marriage is deemed to have been established if the spouses have lived separate and apart for at least one year or if a spouse proves that the other has committed adultery or physical or mental cruelty.

When one or all of those grounds are met, the court then needs to satisfy itself of a few statutory requirements such as that there is no possibility of reconciliation between the parties, that there has been no collusion (fraud against the court) in relation to the application for divorce, and that reasonable arrangements have been made for the support of any children of the marriage.

Can you refuse to get a divorce?

You can refuse to get a divorce under a few conditions, such as:

  1. It has not yet been one year since the date of separation.
  2. No reasonable arrangements have been made for the support of any children of the marriage.
  3. Issues relating to property division and spousal support have not been dealt with.

Please note, that refusing to get a divorce is only temporary until the above   conditions have been dealt with. Once they have been dealt with a divorce can be obtained even if you refuse.

Can you get a divorce if you can’t find your spouse?

Yes, you can get a divorce even if you can’t find your spouse. However, you must show the court that you have made every effort to find your spouse. Let’s discuss this in detail:

One of the court requirements is to have someone personally serve your Notice of Family Claim for a divorce on your spouse. Obviously, if you are unable to find your spouse, you cannot succeed in serving the required documents on your spouse. In these cases, you can make an application to the court asking for an order for substituted service, which is a court order listing alternative method(s) for bringing the documents to the attention of the spouse. It is generally the filing party’s lawyer that assists in proposing alternative methods of service to the court (i.e. serving your spouse’s relative who may be in touch with your spouse, newspaper advertisement, etc.).

To get an order for substituted service, one must succeed in showing that they have exhausted all means of locating their spouse. Once an order for substituted service is granted and followed and your spouse has not filed a response to your notice of family claim, you may continue with the divorce process on an uncontested basis.

Can a jury deny a divorce?

There are no juries in family law cases. Family cases are decided by judges based on the evidence that is presented in front of them.

What happens when someone refuses to sign divorce papers?

If your spouse refuses to sign divorce papers, you can still apply to the court for a divorce order.

We, at M.J. O’Nions Lawyer & Mediator, have succeeded in making and completing many applications for sole and joint divorces. Give us a call at 604-449-7779 and we can explain the process in detail.

 

Divorce Rates in Canada

/ Mark-John

What percentages of marriage end in divorce in Canada?

Thinking about getting a divorce? You are not alone. According to the latest Statistics Canada data, approximately 38 per cent of all marriages end in divorce with the divorce rate peaking around 41% in the 1980s. While the total divorce rate has been steady, there has been a steady increase in the divorce rate for three-year marriages. The divorce rate tends to decrease as the length of the marriage increases.

How long does the average marriage last in Canada?

The average duration of marriages in Canada remains steady around 14 years with 42% of the divorces occurring for marriages lasting between 10 and 24 years.

What’s the most common age for divorce?

The average age of people at the time of divorce is 41.9 years of age for women and 44.5 years of age for men. The average age a person gets married is 27.6 years of age for women and 30.2 years of age for men. The average age at marriage and the average age at divorce have both increased slightly since 2006.

Which profession has the highest rate of divorce?

In Canada, there are no reliable statistics on the divorce rate by profession. However, data from the United States show that the professions with the highest divorce rates include dancers and choreographers, bartenders, gaming managers and service workers, and nurses.

How long do you have to be separated before divorce in Canada?

In Canada, under the Divorce Act, you have to be separated for one year to get a divorce. However, there are exceptions to this rule. These exceptions include if a spouse committed adultery, or if a spouse has treated the other spouse with physical or mental cruelty that renders the continued cohabitation of the spouses intolerable. 94% of all divorces in Canada use the separation of one year as the reason for divorce.

How much does divorce cost in Canada?

The cost of a divorce in Canada varies depending on the complexity of the divorce. If you and your spouse agree to a divorce, a party can file for divorce on an uncontested basis. To obtain an uncontested divorce, matters relating to parenting, support, and division of property must be resolved, usually by way of a Separation Agreement. According to the 2018 Canadian Lawyer’s Magazine Legal Fees survey, the national average for an uncontested divorce is around $1,600 and the cost of a contested divorce ranges from $7,500 to $12,500. If the divorce proceeds to trial, the costs could increase dramatically. These fees do not include disbursements which are out of pocket costs.

Should you require any advice on a separation or divorce, please give M.J. O’Nions Lawyer and Mediator a call at 604-449-7779. We would be honoured to help.

What are the Requirements to Write a Valid Will

/ Mark-John

If you are thinking about writing a will, here are the formal requirements:

  • To make a valid will, you must be 16 years of age or older and mentally capable of doing so. You should know what property you have, who you wish to give the property to in your will, and how the property should be distributed amongst your beneficiaries.
  • The will must be made in writing, signed and dated at the end by the will-maker in the presence of at least 2 witnesses at the same time.
  • Your witnesses must be 19 years of age or older and not a beneficiary under the will. If a witness is a beneficiary, your gift to them may be void.

In addition to the formal requirements, you should include the following in your will:

  • You should designate an executor who will be responsible for carrying out your wishes.
  • Your will should contain clear provisions describing whom your property should be distributed to.
  • If you have minor children, you may appoint a guardian for your children in your will and consider creating a trust for your minor children’s financial needs.
  • Finally, you should include funeral and burial arrangements.

If you require assistance in drafting your Will or an Estate Plan or have any questions regarding the same, please contact M.J. O’Nions Lawyers & Mediators by email or telephone at 604.449.7779 and we would be happy to assist.

10 Tips You Should Know When Writing a Will

/ Mark-John

Are you thinking about planning your estate? Here are 10 tips you should know when writing a will:

1. Obtain the full legal name for all named parties in your will.

The will is a legal document and requires the full legal name of all parties named in the will. You should also have their addresses, birth dates and contact information available when you are preparing your will.

2. Carefully consider who you wish to be your executor

Your executor is someone you trust who can carry on your testamentary wishes. They can be a family member, a close friend, a lawyer, or a trust company.

It is always wise to appoint alternate executor should your preferred executor predecease you or is unwilling and unable to act as your executor.

You should also advise your executor of where you intend on storing your will.

3. Consider who you wish to be your beneficiaries and alternate beneficiaries

A beneficiary is someone who will receive assets from your estate upon your death. As much as we would like to plan for every possibility in a will, things do not always go as planned.

Consider how you would like your estate to be distributed and think about what will happen in the event that your preferred beneficiaries are not alive at the time of your death. If there are no beneficiaries alive under your will, the Wills, Estates and Succession Act will determine the beneficiaries.

4. Your will is not just about assets

Your will is not just about the distribution of your assets upon your death. Many other important decisions may be dealt with in your will such as appointing a guardian for your minor children.

Also, you may wish to create a trust for your minor children or grandchildren which a trustee will manage and administer until they reach a certain age. If you are responsible for someone who has a disability, you may wish to create a trust for them as well.

5. Not all your assets pass through your will

While the distribution of your assets is one of the key features of your will, some assets do not form part of your estate. For example, a life insurance policy or RRSP with a designated beneficiary does not pass through your will and therefore will not be subject to probate fees.

6. The will also addresses trustee responsibilities

The will provides your trustee with instructions on what they are authorized to do when they are handling your estate.

For example, your will can grant the trustee the power to pay off debts, taxes, mortgages and funeral expenses among other things.

7. Your will can include your funeral and burial arrangements

Determining your final resting place can be a difficult burden for your close family and friends.

By including funeral and burial arrangements, not only does it assist by providing your executor with clear instructions to carry out your wishes, it also alleviates the difficult and possible contentious discussions between your friends and family.

8. Your will must be witnessed by two people

When signing your will, two witnesses who are 19 years of age must be present and who are not beneficiaries of your will.

If a witness is a beneficiary under the will, the gift could be declared void.

9. Your will is not the only part of estate planning

Your will is an important document that is created to determine what will happen to your assets when you die. However, there are other key documents that form part of your estate plan.

A Power of Attorney gives a person of your choice the authority to act on your behalf on legal and financial matters when you are no longer capable of managing your affairs. A Representation Agreement allows you to appoint a representative to make health and personal care decisions on your behalf.

An Advanced Directive allows you to specify your wishes regarding health care and your preferences regarding treatment when faced with serious illness or accident.

10. Your “last will” can be updated should your wishes change in the future.

When estate planning, it is difficult to anticipate all the different scenarios that may occur in the future. Just because your will is called your “last will” doesn’t mean it is irrevocable. When you update or create a new will, you revoke any previous wills you have made in the past.

At M.J. O’Nions lawyers & Mediators we have extensive experience in drafting Wills and Estate Plans. Should you require our assistance in drafting your estate plan kindly give us a call at 604.449.7779.

10 Tips to Consider When Preparing for Family Mediation

/ Mark-John

Family Mediation is a useful tool to resolve a variety of family disputes without having to adopt the adversarial and costly processes of the traditional court system.

It is the process by which a neutral third party, the “Family Mediator,” assists people to resolve their dispute and reach a voluntary settlement of matters of issue between them relating to their marriage, cohabitation, separation, or divorce.

Consider the following 10 tips when preparing for family mediation to ensure you reap the most benefit out of this approach:

1. Agreement Between the Parties

One of the essential steps when considering family mediation is ensuring that the other party is amenable to accept such an approach.

While the benefits of mediation are extensive, the other party may not wish to commence mediation to resolve the family disputes.

It is advisable to encourage them to read more about the process of mediation before giving a firm answer.

2. Know Your Issues to Settle and Goals to Meet

As mentioned above, family mediation is used to come to voluntary settlements in family matters such as separation, divorce, cohabitation, and marriage.

Other issues include communication issues between the parties, spousal support, child support, division of property, child custody, etc.

To ensure that all your issues to discuss and your goals to achieve are covered in mediation, it is a good idea to write them down.

This will ensure that nothing is left out or forgotten during mediation, thus, resulting in a complete and satisfying settlement.

3. Select a Family Mediator

Selecting a family mediator is an important consideration to ensure that all parties involved have a successful experience.

Begin by making a list of potential mediators and then setting up a quick phone call or a meeting with them to discuss your family matter.

While it is an advantage to select a mediator that you like, know that mediators are an impartial third party who do not choose sides. They are trained professionals to assist the parties in understanding each others’ perspectives and reach a settlement.

4. Gather Relevant Documents

To get a head start in mediation, gather the relevant information that pertains to your list of issues and goals.

For example, if the main issue during mediation is division of family property, it is a good idea to bring financial statements, credit card statements, loan statements, and other relevant documents to your mediation session.

5. Meet with the Mediator Separately

An important element of mediation is for both parties to meet (separately) with the mediator before the first session.

This assists the mediator in getting to know the parties and pin down the primary issue(s) to discuss during the mediation session.

6. Present Your Position Effectively

Mediation is about presenting your position in a way that is clear and concise to the mediator as well as the other party.

If you are unable to explain your perspective, it will be difficult for you to achieve a desired settlement.

To avoid miscommunication, practice presenting your position in an effective manner before your mediation session.

7. Listen to the Other Party

Given that it may not be easy to pour your heart out in front of the other party and the mediator, listen carefully to the other party’s wishes and goals.

If you show respect and understanding towards their dialogue, it is likely that the other party will do the same when it is your turn to speak.

This approach will give maximum results while keeping the costs of the mediation low.

8. Be Receptive

In the course of mediation, you may be in disagreement with some things that are said and heard.

If both parties remained steadfast in their positions, reaching a settlement will be difficult.

Therefore, to obtain successful results, keep an open mind and try to understand the other party’s views.

This may enable the other party to try to understand your position, thus facilitating an agreement.

9. Put Your Agreement in Writing

Once an agreement is reached, the mediator may assist the parties to put it in writing. The parties may also get their lawyers to draft an agreement which reflects the settlement reached in mediation.

Whether an agreement is drafted by a mediator or a lawyer, it is a good idea to have one as, once signed by all parties, it can generally be enforced in courts.

10. Cost of Mediation

Lastly, depending on the number of issues to discuss in mediation, the cost of your mediation sessions can easily accumulate. It is important that you are realistic about your financial circumstances and choose a mediator that you can reasonably afford.

M.J. O’Nions, Lawyer & Mediator, is a qualified family law mediator and a family law lawyer who has many years of experience in resolving family disputes through mediation. Contact us at 604-449-7779 to find out if mediation is right for you.

10 Tips on How to Choose the Right Family Lawyer

/ Mark-John

Choosing the right family lawyer can be stressful and difficult. But with the following tips in mind, we hope that your process in selecting the right family law lawyer is made simpler:

1. Specialty

The prerequisite for finding the right family law attorney is a lawyer that specializes in family law. However, that does not mean that your selected family lawyer must only practice in the family law sector. In fact, you will find that most law firms are dedicated to many areas of law. But, in ensuring that a family law lawyer specializes in family law indicates that he/she is knowledgeable and up to date with the practice of family law.

2. Knowledge and Experience

The right family law lawyer will have the legal knowledge and expertise necessary to handle your family law matter throughout its development.

Do not be afraid to ask the lawyer the number of years they have been practicing in the area of family law for.

3. Convenience and Location

Finding a lawyer in your vicinity is a good idea as, at least in the beginning of your case, you will have to visit their office on several occasions.

These trips include going for initial consultations, intake interview, signing documents, discussing an issue with your lawyer in person, etc.

4. Make a List

Begin making a list of lawyers that practice in the area of family law.

To avoid becoming overwhelmed, limit your list to 3 to 5 lawyers based on their specialty and legal expertise.

5. Best Ratings Do not Equal Best Lawyer

While making your list of lawyers to meet, be wary of using a lawyer’s rating on the internet to determine their legal competence.

It may just be the case that the best rated family law counsel has a large advertising budget to play with while a lawyer with sub-par ratings may be one of the best lawyers you will meet.

Try to make your decision about a family lawyer’s legal aptitude only after either speaking to them or through meeting with them.

6. Call Before Making an Appointment

Keeping in mind that while many lawyers may not have the time to talk to new clients, try to set up a quick phone call with him/her to see whether you like their legal approach.

This step, however, should not be used to discount a lawyer’s legal skills based on a 2-minute phone conversation.

It is merely suggested to assist in excluding lawyers from your list that you believe will absolutely not work.

7. Initial Meeting, Personality, and Alternatives Provided

Your initial meeting with a family attorney is critical in determining whether that lawyer is the right family law lawyer for you.

This is an opportunity for you to evaluate the lawyer and determine whether you will be comfortable dealing with them with respect to your family law matter.

If you find yourself disliking the lawyer’s style and personality at the first instance, it is likely that you may find it difficult to establish an ongoing relationship with them.

In this case, you may wish to consider meeting with another attorney.

If, on the other hand, you are very pleased with their professionalism and competence, that most likely is the right family law lawyer for you.

Another important factor in choosing a right counsel is ensuring that he/she presents with options that do not just include litigation but that may also include mediation, collaborative law processes, and other alternative dispute resolution strategies that may be in your best interest.

8. Lawyer vs. Law Firm

If you believe that a law firm is right for you but the assigned lawyer is not, ask to be referred to a different lawyer at that firm.

If other lawyers at the firm are unavailable, you may also request the law office to refer you to a different lawyer.

9. Cost of Representation

For many of us, one of the major factors in choosing the right lawyer is to determine whether a lawyer’s hourly rate is affordable.

It is important that you are realistic about your financial circumstances and choose a lawyer that you can reasonably afford.

We, at M.J. O’Nions, Lawyer and Mediator, ensure you get the best possible service at a great price.

We understand the growing high cost of legal services and are dedicated to making legal services as affordable as possible.

10. It is Never too Late

If you are unhappy with your selected lawyer, it is best for you to look for a new one.

Dealing with your family law issue is stressful enough and your lawyer should be assisting in reducing that stress, not increasing it.

With over 20 years of experience, M.J. O’Nions, Lawyer & Mediator has the legal expertise and skills to assist you with any family law issue that you are facing. Contact us at 604-449-7779 to set up a consultation.

7 Legal Tips On Incorporating A Business

/ Mark-John

Before incorporating your business you may want to consider these seven legal tips.

  1. Before deciding to incorporate your business, consider whether it is the best option or whether your business would benefit more from another legal structure such as a proprietorship or partnership. Please Read our blog on the Benefits of Incorporating a Business.
  2. One of the considerations you will want to keep in mind when deciding whether to incorporate your business is income tax. Your business will be subject to different tax treatment depending on how it is structured. The tax treatment of corporations is often the biggest driver towards incorporation. Corporations often enjoy a lower tax rate then sole proprietorships. Other tax benefits to incorporating include tax deferral, income splitting, and the lifetime capital gains exemption on a sale of qualified small business corporation shares.
  3. You have the option of incorporating your business in British Columbia, federally, or in another province. Think about where you plan to carry on business. If you plan to carry on business in more than one province, you may want to incorporate federally under the Canada Business Corporations Act (CBCA). Registering your corporate name federally allows you to carry on business under that name in any province.
  4. Choose a unique name for your corporation. A company name must have a distinctive element, a descriptive element, and a corporate designation (i.e. “Limited”, “Limitée”, “Incorporated”, “Incorporee” or “Corporation” or the abbreviations “Ltd.”, “Ltée.”, “Inc.” or “Corp.”). Before registering your corporation, you must run a name search to make sure that name is not already in use. Note that this differs from a trade mark, which is a combination of letters, words, sounds or designs that distinguishes the company’s goods or services from others. A trade mark is registered separately from the corporation’s name and doing so will give you exclusive rights to use the trade mark throughout Canada for 15 years (a term that you can renew).
  5. Who will be the director of your corporation and how many directors will there be? You should consult the governing legislation in your jurisdiction, as most place certain restrictions on who can act as director. For example, the CBCA requires that at minimum, 25% of the directors are residents of Canada. The British Columbia Business Corporation Act does not have a residency requirement.
  6. While there is no requirement to execute a shareholders’ agreement when incorporating a business, you may find it beneficial to have one in place. A shareholders’ agreement is recommended where there are multiple shareholders involved in the financing and day-to-day management of the company. The agreement lays out the relationship between shareholders and can protect minority shareholders’ interests, while also protecting majority shareholders from oppression claims from minority shareholders.
  7. Get familiar with the rights and obligations of your shareholders. They do not directly own the business or its assets, although their shares do give them certain rights with respect to the corporation, such as voting on resolutions. The nature of the shareholders’ rights will depend on the articles of the corporation and shareholders’ agreement, where there is one.

For a low flat fee, M.J. O’Nions, Lawyer & Mediator can incorporate your business for you and advise on how to structure your new corporation to keep costs and taxes at a minimum and prevent future disputes between shareholders. Please contact us at 604-449-7779 for assistance with incorporating your business.

5 Legal Tips on How to Start a Business Partnership

/ Mark-John

If you are interested in forming a business partnership, please review our five legal tips on how to form a business partnership below:

1. Begin by assessing whether a partnership is the best way to structure your business.

One of the principal benefits of a partnership is that it allows you to pool resources together.

However, you should keep in mind that each partner is responsible for all debts and obligations of the business (with the exception of a limited partnership – see below).

Further, a partner may be found liable for the wrongs committed by other partners or the employees of the partnership if those wrongs were committed in the course of the business.

Other options available to your business are a proprietorship and incorporation. Read more about the different options for structuring your business here.

2. Consider entering a limited partnership.

In a limited partnership a single general partner operates the business and holds unlimited liability with respect to the business’ debts.

The general partner is supported by other “limited partners”, whose liability is limited to the amount of capital they contribute to the business.

3. Consider a limited liability partnership as an alternative to a limited partnership or general partnership.

It is similar to a limited partnership except that there is no single general partner with unlimited liability.

All partners have limited liability that matches their contributions to the business. In some provinces, only certain professionals can enter into a limited partnership.

There are no such restrictions under the British Columbia Business Corporations Act.

4. Be clear about how you are financing the partnership.

In some cases partners will provide equal contributions to the partnership.

However, in situations where there are unequal contributions, you may choose for this to be reflected in the share of earnings each partner is entitled once the business turns a profit.

5. Partnership agreements can be beneficial.

While there is no legal requirement that you execute a partnership agreement, you may find it beneficial to have one in place, as it provides greater certainty to each party about their rights and responsibilities with respect to the partnership.

Read more about partnership agreements here.

With years of experience M.J. O’Nions, Lawyer & Mediator can help you set up your partnership, register it, execute a partnership agreement and provide you with advice all along the way. Please contact us at 604-449-7779 for assistance with your partnership.

What Do Business Lawyers Do? Why Do I Need A Business Lawyer?

/ Mark-John

Thinking of setting up a business and not sure where to begin? Conferring with a business lawyer will most certainly make your process of setting up a business easier in the following ways:

Choosing a Business Structure:

One of the initial decisions of setting up a business is deciding whether you are setting it up as an individual, a partnership or a company. One may also be confused about which structure is appropriate in their circumstances. A business lawyer can not only suggest which business structure is appropriate in their client’s circumstances, but also go through the available choices of business structures and any liability issues associated with them. For example, if a person intends to carry a business alone, he/she may set up a business as a sole proprietorship or a company. Whereas, if a person intends to carry a business with 1 or more persons, then he/she may choose from a variety of business structures, namely general partnership, limited partnership, company and limited liability partnership.

Assisting with Incorporation:

Once a decision about an appropriate business structure is made, a business lawyer can then assist you with incorporating your business. Depending on your incorporating jurisdiction, there are many legal requirements to comply with, such as the number of directors that must reside in a given jurisdiction. A business lawyer will inform you of such legal requirements and ensure compliance.

You may also find it useful to discuss other topics with your lawyer, including the name requirements in your jurisdiction and whether you need to protect your name with a trademark. Other topics include understanding compliance with annual maintenance requirements and, if it is a corporation, duties of directors, partners and minority shareholders.

Advising on General and Specific Business Practices/Transactions:

Whether your business is small or large, you should seek assistance from a business lawyer on any matter relating to my business. The earlier the involvement of a lawyer however, the better it is as business lawyers can assist with due diligence, spotting legal issues before they arise and presenting possible solutions to those issues.

Acquiring or Selling a Business or its Assets:

Business lawyers play a critical role in assisting you with acquiring or selling shares of a corporation or a partnership or acquiring or selling assets of a business. The two ways to achieve such a sale or purchase is through a share purchase or an asset purchase agreement. Whether you are the buyer or the seller, a lawyer can assist with conducting due diligence in the transaction, negotiating on your behalf, and carefully draft the agreements to ensure they are reflective of your expectations.

Resolving Disputes:

A dispute can arise in the lifetime of a business among different individuals involved in that business or between other businesses that it deals with. A role of a lawyer in resolving a business dispute is strategic in that he/she will consider every option that is available to resolve that dispute efficiently including, litigation if necessary.

Drafting Contracts:

Business lawyers are equipped at reviewing and drafting contracts and agreements to ensure they accurately reflect the intentions of the parties. Such agreements include shareholders’ agreements, partnership agreements, sales contracts, employment agreements, non-disclosure agreements, sub-contractors’ agreements, financial agreements, etc.

Conclusion:

As mentioned earlier, involving a lawyer from the outset of your business will ensure that legal compliance with the incorporating jurisdiction is met, annual maintenance requirements of the business are adhered to, and any potential disputes are discovered and prevented as much as possible. However, engaging legal counsel at any point during business planning, completing a business transaction, or resolving a dispute is always an option that is available to businesses.

We hope this article helps answer your questions about the role of business lawyers and why you need one.

If you have further questions or need legal assistance with incorporation, or drafting a general business contract, partnership agreement, shareholders’ agreement or purchasing or selling a business, please do not hesitate to contact MJ O’Nions Lawyers & Mediators at 604-449-7779.

 

How to Incorporate a Small Business in British Columbia

/ Mark-John

Incorporating a small business can be done fairly quickly with the help of a lawyer. While there are a number of steps involved, M.J. O’Nions Lawyer & Mediator has streamlined the process so that from the time of the initial appointment with our firm, the incorporation can be completed within one day. The steps involved in incorporating a business generally are as follows:

Consider whether incorporating your company will help you meet your business goals or whether another business structure may be better suited, such as a proprietorship or general partnership.

1. Decide which jurisdiction you would like to incorporate under: British Columbia, federal or another province. This decision will depend primarily on where you plan on carrying on business and whether you will be carrying on business in more than one province.

2. Perform a corporate name search to ensure the name you want for your corporation is not already in use. Submit your name choice, along with two back-up choices to the Registrar of Companies for approval. A company name must have a distinctive element, a descriptive element, and a corporate designation (i.e. “Limited”, “Incorporated” or “Corporation” or the abbreviations “Ltd., “, “Inc.” or “Corp.”).

3. Decide on a share structure, including the number of shares to be issued in each class and the issue price per share. Issue share certificates and obtain written confirmation of payment for incorporator’s shares.

4. Select the director(s) and obtain written consent to act as director. The director will be responsible for overseeing the officers who are in charge of day-to-day operations and the corporation’s employees. The number and qualification of the directors should comply with the Business Corporations Act. Update the Register of Directors with the names and addresses of the newly appointed directors.

5. Draft an incorporation agreement, incorporation application, and notice of articles, and articles. The terms of such documents are typically fairly standard, however you may wish to make changes to provisions regarding quorums for general meetings, rules about notice and conduct of general and class meetings, rules relating to appointment or removal of directors, etc.

6. Draft the director’s resolutions and incorporator’s resolutions, which authorize the incorporation, and have them signed by the appropriate individuals.

7. Register the corporation with the Corporate Registry online.

8. Prepare a minute book that contains all company records that are required to be stored at the records office under s. 42 of the Business Corporations Act.

While the process for incorporating a company is streamlined, you will have to make a number of important decisions along the way about how you would like to structure your business.

Included in our flat fee, M.J. O’Nions, Lawyer & Mediator can advise you on how to make decisions that will benefit your small business in the long-term and encourage your business to grow. Please contact us at 604-449-7779 for assistance with incorporating your business.

How long do you have to be married to get spousal support?

/ Mark-John

Your entitlement to spousal support is dependent on several factors, including whether you are considered a spouse under the law. One is considered a spouse if he/she is:

  • Married; or
  • Unmarried but have lived together with his/her partner in a marriage like relationship for at least 2 years; or
  • Unmarried but have lived together with his/her partner in a marriage like relationship for less than 2 years but have a child together.

As a result, you could be entitled to spousal support if you have been married only for a short period of time. But, the longer you have been married, the more likely you are to receive a higher amount of spousal support and for a longer period of time. Moreover, one does not necessarily have to be married to get an order for spousal support – even living together for at least 2 years in a marriage like relationship can entitle one to spousal support.

The amount of spousal support you may be entitled to will depend on the length of your relationship, the difference between you and your ex-spouse’s incomes, whether your ex-spouse stayed home or worked outside the home during the relationship, whether there are children involved, etc. For an estimate of how much spousal support you may be entitled to, please visit our Spousal Support Calculator.  For a more accurate figure that takes into consideration your unique circumstances, we encourage you to contact our firm for a consultation.

Who qualifies for spousal support:

Generally speaking, courts are willing to make an order for spousal support to help equalize economic burden for the spouse who, for example, earned less during the relationship or forewent employment to take care of children. A financial need, as the courts recognize, is therefore important in the entitlement to spousal support, but at the same time, the courts encourage the spouse receiving spousal support to become self-sufficient in a reasonable period of time.

How is spousal support calculated?

Judges often refer to the Spousal Support Advisory Guidelines (SSAG) when determining the amount of spousal support to be paid, but are not bound to follow these guidelines. The SSAG is a great tool for both you and the court to figure out the amount you may be entitled to. To calculate your potential spousal support, you need your and your ex-spouse’s income, the length of your marriage and whether there are children involved.

How long can I receive spousal support for?

According to SSAG, you may be entitled to receive spousal support for a length that is either half or the whole length of your marriage-like relationship. For example, if you have been married for 10 years, you may be entitled to receive spousal support for 5 to 10 years. However, the amount is also dependant on age. If, for example, one is 60 years of age and has been married for 30 years, he/she may be entitled to support for an indefinite amount of time, that is for more than 30 years (or until the date of their death).

For a calculation of your spousal support entitlement, we suggest you seek advice from one of our experienced family law lawyers.

We hope this article “How long do you have to be married to get spousal support” helps answer your questions about spousal support. If you have further questions or need legal assistance with your divorce, separation, or getting an order for spousal support, please do not hesitate to contact MJ O’Nions Lawyers & Mediators at 604-449-7779.

What is a Prenuptial or a Marriage Agreement?

/ Mark-John

A “Prenuptial Agreement” or “Marriage Agreement” is a written contract between two parties that addresses how matters such as division of family home, debts, and pensions, etc. are to be dealt with when parties separate or are divorced. A Prenuptial Agreement is generally used to refer to agreements that are made prior to couples marrying while Marriage Agreement could be used to refer to agreements that are made before or during the marriage.

A marriage agreement specifies how family property, such as real estate, and other possessions, such as household items and furnishings, are to be divided upon separation. How debts will be divided upon termination of the relationship is also detailed in a marriage agreement. Some couples may even choose to add clauses that detail how matters are handled during the marriage: for example, who the responsible party will be for the upkeep of the family residence and how utility bills (heating costs, electricity charges, etc.) are to be split between the parties. Whether a party will receive spousal support or “alimony” is also addressed in a marriage agreement.

How to Write a Prenuptial Agreement:

A major part of writing a prenuptial agreement is providing and sharing relevant information with each other. This includes sharing information about your financial accounts, assets and debts with your partner and which information is also written in the marriage agreement. If one of you does not provide full and true information to your spouse, the other spouse, upon separation, could challenge the agreement in court to get the family property and debt divided according to the law at that time.  Therefore, it is best for both parties to disclose all relevant information for the agreement so that matters may be handled according to your marriage agreement, instead of the applicable law at that time.

You should also discuss and write down your agreement about spousal support, division of property and debts, and other matters discussed above. After the agreement is made, both of you should retain different lawyers to get independent legal advice to ensure your legal rights are protected.

If you are confused about where to start and how to write an agreement, you should speak to a lawyer.

Why choose us to write your family agreement?

We have expertise in drafting all types of Family Law Agreements such as Marriage Contracts, Prenuptial Agreements, Cohabitation Agreements and Separation Agreements. We will do this in a cost effective manner while providing high quality professional service. Just give us a call at 604-449-7779 to schedule an appointment so we can be of assistance.

Estate Planning – What is Estate Planning and How to Plan Your Estate

/ Mark-John

What is Estate Planning?

Have you ever questioned what will happen to your property upon your death or how it will be managed in the event that you become incapable of handling your own affairs? If yes, preparing a will and planning your estate is the route you should take to put these speculations to rest.

Estate planning involves determining what happens to your property upon your death or in the event that you become incapable of dealing with your affairs. Estate includes your assets, possessions, and money. An estate plan consists of a few legal documents stipulating your wishes upon your death or incapability regarding how you want your estate, financial affairs, and health wishes to be managed. These include:

Wills: A Will is created to ensure that your property is distributed according to your wishes on your death. A Will also specifies the person who will administer your estate, known as an executor. Having appointed an executor saves the cost of having a family member make an application to court to be appointed administrator of your estate. In addition, if you have children, your Will can specify who their guardian will be.

Power of Attorney: A Power of Attorney gives a person of your choice the authority to act on your behalf on legal and financial matters. An enduring Power of Attorney gives your Attorney the authority to manage your affairs beyond the point that you are no longer capable of managing your affairs.

Representation Agreement: A representation agreement gives a person of your choice the power to represent you in health or personal care decisions, or to manage your financial affairs in the event that you become incapacitated. We recommend that you use a Representation Agreement to appoint a representative for health and personal decisions only as your financial affairs can be dealt via a Power of Attorney.

Advance Directive: An Advance Directive specifies your wishes regarding health care in the event that you become incapable of providing these yourself. This document also indicates your preferences regarding treatment if you are faced with serious illness or accident.

How to Plan Your Estate – Estate Planning Checklist

  • Decide who your executor, a person who administers the Will, is going to be
  • Figure out how your estate will be distributed and who it will be distributed to
  • If you wish to make any cash gifts or charitable gifts, decide who the recipient will be
  • If you have a minor child, you may wish to appoint a guardian for your child in your Will
  • Mention any funeral wishes in your will (cremation or burial arrangements)
  • Decide who you will name as your attorney for a Power of Attorney (the term ‘Attorney’ is not to be confused with a lawyer)
  • Decide the person you will name as a Representative in your Representation Agreement

Estate Planning Attorney

If you are unsure about where to begin in the estate planning process, book a consultation here with Mark O’Nions. Mr. O’Nions has the expertise and knowledge to help you develop a comprehensive estate plan that meets your goals and objectives.

We hope this article helps answer your questions about how to make an Estate Plan. Should you have any questions or require help with drafting a will or estate planning documents, please contact us at 604-449-7779.

What You Should Know About Business Partnership Agreements

/ Mark-John

If you have entered into a business partnership or are contemplating one, you may be wondering whether you need a partnership agreement.

Small Business Partnership Agreement

A partnership agreement is a written agreement of two or more individuals who have decided to carry on a for-profit business. The agreement sets out the rights and responsibilities of each partner with respect to the business but can also provide for certain procedures, which may include among other things, the election of a managing partner, how partnership meetings will be conducted, and how the partnership can be terminated. Many aspects of a partnership, including the rights and duties of the partners are governed by the Partnership Act, but the Act is not comprehensive. You may wish to enter into a Partnership Agreement to deal with aspects of the partnership that are not covered under the Partnership Act or to opt out of the Act and establish your own set of terms that will govern your partnership.

Although it is not mandatory to have a written partnership agreement, there are benefits to having one in place, including being assured that you and your partner are fully aware of your respective rights and duties with respect to the business, which in turn may help avoid future disputes.

50/50 Partnership Agreement

If you and your business partner would like to equally share responsibilities for the business, you may choose to structure your agreement as a 50/50 partnership agreement. Under a 50/50 partnership agreement each partner shares equally in any profit or loss generated by the business, regardless of whether you have equally contributed to the business. Under these agreements, each partner also has equal decision-making power.  A 50/50 partnership is not your only option however. You could for example, decide on a division that reflects your individual contributions to the business.

How to Write a Business Contract Between Two Parties

As explained above, a partnership agreement can cover a host of issues. Further, it can be tailored and customized to fit your specific needs. Before drafting an agreement, some issues that you may want to consider include:

  • the name of the partnership;
  • specific contributions by each partner to the partnership;
  • each partner’s authority to bind the partnership to debt or contracts;
  • specific duties of each partner;
  • the liability and indemnification of each partner;
  • how to resolve disputes; and
  • how decisions get made.

If you are unsure how to answer any of these questions, or if you are wondering how to legally sell your business, you may want to consult with a lawyer. MJ O’Nions will draft your Partnership Agreement for a low flat fee and provide you with the information and advice you need to confidently execute an Agreement that you and your partner understand and can rely on throughout your business dealings. Please contact us at 604-449-7779 for assistance.