There is a lot of confusion by clients relating to what property is excluded from division when a couple separates in British Columbia. This article will explain what is excluded property and how excluded property is determined.
People often wonder if the property division rules in the Family Law Act of B.C. apply to their relationship. In order to answer that question, it is important to determine if you are a spouse as defined in the Family Law Act.
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Due to the high cost of living, it is becoming more frequent today for couples who no longer consider themselves to be partners to stay living in the same house or apartment because they can’t afford to do anything else. As such, you may wonder how to prove you are legally separated in BC while still living together.
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While it is common knowledge that same sex marriage is legal in Canada, we often receive calls from people who want to know their rights or obligations as a spouse or parent in a same sex relationship.
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As soon as someone is informed that she/he is named as a beneficiary of an estate, the first question that comes to mind is “When can a beneficiary receive their share of the estate?” or in short, when do I get the cheque?
People often wonder in the case of separation what happens to the family home if one spouse contributed money they had before the relationship to the purchase of the family home. They wonder if their down payment on the family home will be divided when they separate or divorce or if it will be excluded from the division of family property.
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For any family, a death is extremely difficult to cope with. Not only family members will be emotionally devastated by the loss of their loved one, but some families will find themselves financially impacted by the loss. Also, families are often puzzled on what they should do following a death. In order to help you in this very difficult time, we created the brochure to provide you with some of the crucial information you need to know when a death occurs.
In order to help ensure that support payments are fair, the government of Canada has published two different guidelines, the Spousal Support Advisory Guidelines (for Spousal Support) and the Federal Child Support Guidelines (for Child Support). The calculations involved in these guidelines are complicated, and we want to make it as easy for you as possible. We have developed a Free BC Child Support and Spousal Support Calculator to help with this. Continue reading →
On May 26, 2014 we gave a free lecture at the People’s Law School in Vancouver on What You Need to Know About the Proceeds of Crime (Money Laundering) and Terrorist Financing Act. It was well attended with financial services professionals, accountants and interested members of the general public. For those who were unable to attend, this article will give you a brief overview of the lecture on the Proceeds of Crime (Money Laundering) and Terrorist Financing Act.
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The new Family Law Act “FLA” which came into force in March 2013 modernized the law on family relationships. The FLA is a substantial shift from the previous law – the Family Relations Act. This article will deal with the new property division regimes under the FLA and why a prenuptial agreement or cohabitation agreement is essential for any party with assets and/or children from a previous relationship. Continue reading →
The financial advisor is an important element to a successful Collaborative Divorce process. Collaborative Divorce is a process that divorcing or separating spouses use to resolve issues resulting from the breakdown of their relationship. The goal in Collaborative Divorce is to resolve these issues in a non adversarial manner. The aim is to minimize or eliminate negative economic, social, and emotional consequences of litigation on those involved and their families. Continue reading →
Mediation is growing fast as an alternative to court. Not only in resolving civil disputes such as ICBC claims, workplace disputes, estate disputes and business disputes to name just a few, but in all aspects of human conflict. In Small Claims Court, mediation is often the first step in the court process. Also, under the recent Family Law Act, mediation and Alternative Dispute Resolution “ADR” is encouraged as an alternative and preferred way to resolve family disputes. Continue reading →
Your relationship has ended and you wish to resolve the issues resulting from the termination of your relationship. You want to do this out of court in a fair and equitable way, preserving relationships and your sanity. One of the most successful ways is using the Collaborative Law or Collaborative Divorce process. Continue reading →
Your relationship has ended and you wish to separate. You may be wondering how to file for separation in BC.
Well in BC there is no legal requirement to file for separation with a court. Separation is a question of fact. Are you living separate and apart from your spouse? If the answer is yes I am living a separate life from my spouse, then you are separated. Living separate does not necessarily mean that you are living in a different home than your spouse. It does however mean that you are staying in different rooms, and are not living as a couple. You must be living two separate lives, even if you are in the same house. There is no legal requirement to file for separation in BC to indicate that you are separated. Continue reading →
You have decided to represent yourself in court. You need to know how to do it. Here are some tips on how to represent yourself in court that may prove to be beneficial for you.
I am sure you have heard about the importance of dressing for success in the work place. You must also do that in the court room. Judges and jurors make first impressions based on how you look and present yourself. Keep that in mind when you are in the court room. The proper attire for a man or woman is business attire, such as a suit. If you don’t have a suit, a blazer or sports jacket with slacks, dress shirt and tie for a man and for a woman conservative business attire. Continue reading →
