Category: Family Law
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Understanding the Tort of Family Violence
The tort of family violence gives survivors a way to seek financial compensation for abuse through the civil courts. In 2026, Canadian law took an important step by recognizing that patterns of family violence can support a legal claim beyond criminal or family court proceedings. If you or someone you love is experiencing abuse, understanding […]
| Articles, Contract, Family Law, Family Property Division, Litigation, Litigation, Marriage Arrangements
Dealing with a Sibling Stealing from Estate in 2026
If a sibling is stealing from an estate, document the missing assets, gather supporting evidence, and speak with an estate lawyer as soon as possible. Depending on the circumstances, you may be able to recover stolen assets through the courts and hold the responsible party accountable. Acting quickly can help protect the estate and your […]
What Are My Rights if I Leave the Marital Home in British Columbia?
If you leave the marital home in British Columbia, you do not automatically lose your legal rights to the property or your ability to make a claim during property division. However, moving out can affect practical issues such as parenting arrangements, child support, and the steps you should take to protect your financial interests. Understanding […]
Is Inheritance Marital Property in Canada?
In most cases, an inheritance is not considered marital property in Canada and is generally excluded from property division after separation or divorce, although the rules vary by province. In British Columbia, inherited property is usually excluded from division, but any increase in its value during the relationship may be considered family property and shared. […]
| Costs, Family Law
Divorce in BC
Getting a divorce in BC means legally ending your marriage through the Supreme Court of British Columbia under Canada’s federal Divorce Act. In most cases the path is straightforward: you confirm you meet the residency rule, show your marriage has broken down (usually by living apart for one year), and file the right court forms. […]
Family Law Act
The Family Law Act is the main piece of provincial legislation that governs family matters in British Columbia, from how separating couples divide property and debt to how they arrange parenting and support. Canada does not have a single national family law statute; instead, each province has its own, and the federal Divorce Act handles […]
Inheritance and Divorce in BC
If you received an inheritance and your relationship is ending, the good news is that BC law usually keeps it out of the split. Under the Family Law Act, an inheritance to one spouse is excluded property, which means it is generally not divided when a couple separates. The catch is that this protection depends […]
How to Divorce in BC
Quick answer: To file for divorce in BC, at least one spouse must have lived in the province for a full year, and you must show the marriage has broken down — usually by living separate and apart for one year. You start by filing a Notice of Family Claim (Form F3) in the Supreme […]
Prenuptial Agreement British Columbia
No two marriages are exactly alike, yet British Columbia law generally applies a default 50/50 split of family property and debt when couples separate. Many couples feel uncertain about the process, especially when it comes to assets, spousal support, and broader financial arrangements. A prenuptial agreement is a legal document that states how you and […]
Is Child Support Based on Income? Understanding How It Works in Canada
Yes, child support in Canada is primarily based on the paying parent’s income. Courts use federal guidelines to determine how much should be paid, taking into account income, number of children, and custody arrangements. This approach helps ensure support payments are fair and reflect the parent’s ability to contribute to the child’s needs. At Onyx […]