Family law is full of myths that can create unnecessary confusion and stress during an already difficult time. At our firm, we often hear the same misconceptions repeated by clients when they are first navigating separation. Below, we clear up some of the most common misunderstandings. Misconception 1: “We need to file paperwork to be…
Continue reading →The one-year separation rule serves several purposes: While the waiting period can feel frustrating for those eager to move on, it often ensures that the divorce process itself runs more smoothly once the one-year mark has passed. Exceptions: Adultery and Cruelty In limited circumstances, you may apply for a divorce without waiting the full year….
Continue reading →One of the most common questions people ask when their marriage ends is: “How long do I need to be separated before I can get divorced?” The answer is straightforward in principle but carries important legal and practical considerations in practice. In British Columbia, most divorces are granted based on separation. The Divorce Act requires…
Continue reading →In British Columbia, separation and divorce are related but legally distinct concepts. A couple is considered separated when one or both spouses decide that the relationship has ended and begin living as if they are no longer together. A court order is not required to establish separation. In fact, spouses may be “legally separated” even…
Continue reading →What is challenging a Will? If you believe a loved one wrote a Will while lacking the proper mental capacity to fully appreciate their actions, or if you believe that someone interfered in the writing of the Will, you may be able to challenge the validity of the Will to have the Will set aside….
Continue reading →If you and your spouse are separating, one of the most difficult and pressing issues is deciding whether one of you will move out of the family home. This is especially true if there are children involved, or if you are concerned about being able to afford the expenses that come with an additional residence….
Continue reading →Historically, married couples enjoyed a number of legal rights and advantages over their unmarried counterparts. Recently, these rights have been extended in BC to cohabiting couples who live in marriage-like relationships, which are often referred to as common-law relationships. This includes the right to property division after separation under the Family Law Act, income tax…
Continue reading →A question we are consistently asked as estate lawyers is “who inherits when someone dies without a will?” This is an issue that is all too common in Canada, as a recent study found that over half of Canadians do not have a will in place. This article aims to help you better understand how…
Continue reading →If you are going through a divorce in BC or separation, you may be considering seeking advice from a lawyer to better understand your legal rights. Aside from the standard duties and responsibilities of a lawyer, there are a number of special duties which apply specifically to family lawyers when they are advising clients going…
Continue reading →If you are going through a divorce in BC or separation, one of the most important and likely contentious issues to deal with is how property will be divided between you and your spouse. This article will explain how property is divided after divorce or separation. The law on division of property in British Columbia…
Continue reading →Alimony is a legal obligation for a former spouse to provide financially for the other spouse after separation. In Canada, alimony is most commonly referred to as spousal support, and is governed by both the Divorce Act, and the provincial act such as the BC Family Law Act. Spousal support can apply to both married…
Continue reading →What is a Shareholders’ Agreement? A shareholders’ agreement is an agreement between the owners, or shareholders, of a company that sets out how the company will conduct its business and sets out the terms of the relationship between the shareholders with respect to the company. Some of the issues a shareholders’ agreement can address include:…
Continue reading →In order to start court proceedings, you must first determine which court is preferred. In B.C. we have two courts that may be used to commence court proceedings to resolve outstanding relationship issues. The first is the Supreme Court of British Columbia and the second is the Provincial Court of British Columbia. Which court should…
Continue reading →What is a Will? A will is a critical part of your estate plan that, among other things, allows you to distribute property as you wish upon your death, appoint an Executor to administer your estate and make funeral and burial arrangements, and appoint guardians for your children. In your will, you may create a…
Continue reading →What percentage of your income do you have to pay in child support? Under the Child Support Guidelines, the percentage of income that is payable in child support is dependent upon the parenting time that is allocated to each party, number of children as well as the incomes of each party. You can use our…
Continue reading →
