Divorce Law – Divorce Lawyer Victoria BC

Commentary: Parents’ Settlement Agreement Falls Apart Due to Expert’s Input

DivLawAdmin — Fri, 24 Mar 2023 09:00:57 +0000

A couple separated seven years into their marriage, with a child born with disabilities that required lifelong care. Many years later, they signed a settlement agreement that covered all issues and prevented them from claiming support from each other.

One of the terms on the agreement was to have an expert assess the settlement to make sure the child would be eligible for government sponsored funding. When the expert advice came, the parents disagreed. This led to the mother taking the position that the settlement was not binding and the case was brought to court for resolution.

Read more about this commentary: Parents’ Settlement Agreement Falls Apart Due to Expert’s Input

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Summary: How to Lose Your “Exclusion”: BCCA

DivLawAdmin — Sun, 05 Jun 2022 07:00:04 +0000

The parties had a 15-year marriage with no children. They jointly operated retail kiosks at two BC ferry terminals, property found to be joint family property. During the marriage, both husband and wife received settlements for injuries suffered in a car accident. The wife’s settlement funds were deposited into the parties’ joint account and used to purchase the first kiosk. The husband received $52, 000 for non-pecuniary losses, depositing the funds into a joint account and later withdrew $90,000 to put a down payment on a real property that was joint family property. He argued that the wife’s funds were spent on “consumables” and could not be connected to any property, while his could be traced to property and should be characterized as excluded property.

Read the full summary: How to Lose Your “Exclusion”: BCCA

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Commentary: Deference to Arbitrator Falls When Best Interests of Child Are Overlooked

DivLawAdmin — Thu, 05 May 2022 09:00:06 +0000

While family law arbitration has been practiced for many decades in Ontario, it is still in its infancy in British Columbia, after being introduced in 2013.

British Columbia’s leading case is McMillan v. McMillan 2016 BCCA 441 where the court established the following principles:

1. an arbitrator’s findings of fact are not open to review;
2. questions of law are questions about what the correct legal test is;
3. questions of mixed fact and law permit a review on the standard of reasonableness, nor correctness;
4. deference to the family law arbitrator calls for “respectful attention” to the reasons offered, or which could have been offered; and
5. the overriding test of reasonableness is whether the decision falls within a range of possible acceptable outcomes which are defensible in respect of the facts and the law.

Read the full commentary: Deference to Arbitrator Falls When Best Interests of Child Are Overlooked

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Divorce Law Resource: Family Law in BC

DivLawAdmin — Tue, 05 Apr 2022 09:00:43 +0000

The Family Law in BC website, created by Legal Services Society, is one of the most popular source of information in BC on family law. Information covers topics such as: abuse, adoption, child protection/removal, common-law relationships, custody & access, divorce & separation, child support, and spousal support.

Get more information by visiting Family Law in BC.

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Person Occupying Estate Property May be Required to Pay Occupational Rent

DivLawAdmin — Sat, 05 Mar 2022 09:00:33 +0000

A property that is owned by the deceased becomes an estate asset. Does the person who occupies the space need to pay rent for staying in that property? Some cases, where the surviving spouse is the sole beneficiary, then they would not need to pay rent, since it will go back to the spouse. In other case, it gets more complicated.

Read the full commentary: B.C. Case Comment: Person Occupying Estate Property May be Required to Pay Occupational Rent

What is Family Mediation?

DivLawAdmin — Thu, 24 Jun 2021 09:00:35 +0000

Family mediation helps parents to make important decisions when experiencing separation or divorce. Family mediation helps parents make decisions that are in the best interests of the children.

Read the full article on Family Mediation

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Summary: An interest in a trust may be considered a family asset

DivLawAdmin — Mon, 24 May 2021 07:00:17 +0000

The Appellant, John Saunders, and the Respondent, Jacqueline Purtzki, separated in early 2011 after 11 years of marriage. He is a lawyer while she is a specialist physician. The parties share custody of two children, aged 11 and 16. In October 2012, the Respondent filed a notice of family claim under the Family Relations Act (FRA).

Read the full summary

This is general information only and is not legal advice. For legal advice, consult a divorce lawyer.

Legal Research for Divorce

DivLawAdmin — Sat, 24 Apr 2021 09:00:43 +0000

Legal research is about learning and understanding the law. A judge can only give you what you are entitled to under the law. And they can grant you relief if you have asked for it. You can develop a stronger, more convincing argument by understanding the law.

Learn more about the types of law applicable to you when you file for divorce: Legal Research

Family Law Basics

DivLawAdmin — Mon, 05 Apr 2021 09:00:25 +0000

Most couples manage their finances jointly. The income from both spouses is used to pay for all household and personal expenses. At the end of a relationship, the spouses need to separate their finances. Both spouses need to assess their financial situation and begin to manage money separately. The sooner you deal with separating your finances, the easier and less stressful your separation will be.

First, you need to do a financial inventory of your assets and debts. You need to figure what you own and what you owe. For some things, like a home or a car, this may mean that you need to get a market assessment to determine their value.

Read the full article on Family Law Basics

Department of Justice: Family Law

DivLawAdmin — Fri, 05 Mar 2021 09:00:33 +0000

Divorce and separation can be stressful. That’s why it’s important to get all the information and support you can to cope with your situation. To start, you can get legal information from the Canada’s Department of Justice website, under the Family Law section.

On the website there are tools to help you understand and plan for the transition. The website has a Child Support Table Look-up, links to family justice services, and parenting plan tool.

Family law is complicated. That’s why you may want to contact a family lawyer to help with family law issues.