Category: Family Law
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How Much Does It Cost to Get a Divorce in BC?
Getting a divorce in British Columbia usually starts with court filing fees that range from about $290 to $330. You may also need to pay for things like a process server or a notary if you are handling paperwork without a lawyer. Because every situation is different, it is important to speak with a family […]
Common-Law Relationships in BC: When You Qualify and What You’re Owed
Quick answer: In British Columbia, you are common-law once you have lived in a marriage-like relationship for at least two years, or sooner if you have a child together, which counts for spousal support. After two years, the Family Law Act gives common-law partners the same property and debt rights as married spouses. Shared family […]
How to Not Pay Spousal Support in Canada?
Quick answer: You cannot simply refuse court-ordered spousal support, but there are lawful ways an obligation may be reduced or ended. The starting point is entitlement: if the person asking cannot show a compensatory, needs-based, or contractual basis for support, none is owed. Where support is ordered or agreed, it can be varied or ended […]
Transferring Property to a Child in Canada: What It Costs and How to Do It Right
Quick answer: In Canada, giving property to your child is not tax-free. The CRA treats the transfer as a sale at fair market value, so capital gains tax can apply even when no money changes hands. Land transfer tax and legal fees can also apply. A principal residence exemption may cover the family home, but […]
What Is a Constructive Trust?
Quick answer: A constructive trust is a remedy a court imposes to fix an unfair result, not a trust anyone deliberately creates. It most often arises to reverse unjust enrichment — where one person has been enriched at another’s expense with no legal reason for it. When money damages are not an adequate remedy and […]
When Does Child Support End in British Columbia?
Child support ends in British Columbia when a child turns 19, which is the age of majority. However, under both the Family Law Act and the Divorce Act, child support may continue beyond age 19 if the child remains dependent due to attending school, having a disability, or being unable to meet basic needs. Understanding […]
How to Set Up a Family Trust in Canada
Family trusts have the potential to provide important benefits for you and your family. One of the main incentives is tax-efficient transfer of wealth. If a family trust is right in your situation, how do you go about establishing one? The first step is speaking with a tax professional who can advise you about the […]
Child Custody When Parents Live in Different Countries
When parents separate and live in different countries, determining where a child should live and how parenting responsibilities should be shared becomes especially challenging. This is what we call international child custody. Unlike local custody disputes, these cases involve overlapping legal systems, cross-border travel issues, and sometimes conflicting court decisions. They’re not just legal puzzles; […]
When Does Inheritance Become Marital Property?
This page answers the timing question: at what point does an inheritance stop being yours alone and start being divisible. For the broader picture of how Canadian and BC law treat inherited money in a separation, see our companion guide, Is Inheritance Marital Property in Canada? British Columbia’s law entails dividing family property or marital […]
Can You Change a Prenup?
Marriage is about love, but it also involves legal and financial ties that can substantially impact your life, irrespective of your income level or wealth. A well-drafted prenuptial agreement can provide protection, clarity, and peace of mind for both spouses. A prenuptial agreement is meant to crystallize rights and obligations and promote fairness in the […]