Information – 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.

Limitation Periods: When was the Claim “Discovered”?

DivLawAdmin — Sat, 05 Nov 2022 09:00:03 +0000

When does a limitation period expire? If a transaction or transfer has taken place before the deceased death but are not discovered until after death, is it too late to go back and challenge the transfer? What if everyone is aware of the transaction but did not know the recipient was going to keep the transfer as their own?

Read the full commentary: Limitation Periods: When was the Claim “Discovered”?

Wife Loses Latest Bid to Preserve and Use Deceased Husband’s Sperm

DivLawAdmin — Mon, 05 Sep 2022 09:00:08 +0000

In a recent appeal case, the wife requested to remove sperm from her recently-deceased husband posthumously. The couple already had one child. The wife wanted to use the sperm to create embryos so that their child would have at least one sibling, which they had agreed upon when the husband was alive. The issue is that the husband did not give written consent when he was alive.

Read the full commentary: Wife Loses Latest Bid to Preserve and Use Deceased Husband’s Sperm

Family Law in BC: Quick Reference Tool

DivLawAdmin — Fri, 05 Aug 2022 09:00:35 +0000

Learn the basics of family law. Each card covers one legal aspect of separation, such as:

which laws apply,
how couples can reach agreements, and
how to deal with issues involving children and money.

The easy-to-understand information and visuals point readers toward next steps and further resources.

Download the Family Law in BC: Quick Reference Tool [PDF]

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.

Now You’re Talking

DivLawAdmin — Mon, 24 Jan 2022 09:00:10 +0000

In these illustrated stories, you’ll find scenarios of common legal problems when families come apart. The characters in the stories share concerns and information that gives readers more information to online (and other) resources.

Download Now You’re Talking [PDF]

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

Expanding Definition of Spousal Relationships

DivLawAdmin — Fri, 24 Dec 2021 09:00:38 +0000

Would courts define a spousal relationship to include couples who occasionally spend the night together, each with their own home? The Ontario Court of Appeal did that with the Climins v. Latner 2020 BCCA 554 case. In an upcoming case, a woman is claiming spousal support for a relationship that was primarily online.

Read the full commentary: The Ever Expanding Definition of Spousal Relationships

Importance of Documenting Transactions Between Family Members

DivLawAdmin — Fri, 05 Nov 2021 09:00:04 +0000

Oftentimes, transactions are not properly documented between family members. BC Supreme Court recently settled a dispute on transactions between family members. The Cadwells paid one of their daughters $170,000 to help with buying and building a new house. After both parents passed away, the other children sought to challenge the transaction. Because there was no proper agreement in place, it was up to the court to decide whether the transaction was a loan or an equity investment.

Read the full commentary here: Recent B.C. Case Illustrates Importance of Documenting Transactions Between Family Members

Separation Agreements Handbook

DivLawAdmin — Sun, 24 Oct 2021 09:00:34 +0000

What is fair division of family property or debt when spouses separate? Do you believe your agreement might be unfair? The Separation Agreements handbook gives you information on your rights and options.

It includes:

how to prepare a financial statement for court
how to manage your case and work with a lawyer
where to get legal help

Download Separation Agreements [PDF]

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

Coping with Separation during COVID-19 Handbook

DivLawAdmin — Fri, 24 Sep 2021 09:00:04 +0000

Dealing with the emotional aspects of separating is hard. This handbook helps spouses cope during COVID-19.

It includes:

a checklist for you to recognize symptoms of stress
advice on how to handle the uncertainty of the pandemic effects
tips on how to reduce anxiety about the legal process during COVID-19
suggestions on how to reduce conflict and communicate with your spouse to solve parenting issues
advice on how to give your children support during COVID-19

Download Coping with Separation during COVID-19 [PDF]

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