Category: Family Law
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Joint Family Ventures
In a recent Alberta case involving a wife’s claim to farm property, the court allowed a wife’s unjust enrichment claim, finding that the common-law spouses had been involved in a “joint family venture” and that the husband was enriched by the wife’s provision of domestic services, child rearing, and farm help during the couple’s 14 […]
Trusts and Estate Planning
You’ve worked hard and built assets over your lifetime. Now you are starting to think about your financial legacy. What is the best way to protect assets, provide support for family members, and ensure your wishes are followed? People have a Will but often don’t consider trusts. Many people hesitate when it comes to trusts, […]
BC Child Support Obligations After Death
Did you know that after a parent dies, his or her estate may be liable for outstanding? Does this allow for continued BC child support payments? That important principle was recently confirmed in Bouchard v. Bouchard, 2018 BCSC 1728, where Madam Justice Donegan set out the correct approach to get an order for BC child support […]
Is A Girlfriend A Spouse? Common Law in British Columbia
In British Columbia, determining if a girlfriend is considered a spouse hinges on whether their relationship is deemed “marriage-like.” British Columbia’s legislation equates married couples with common-law spouses if the relationship meets this “marriage-like” criterion. This raises questions on entitlement to spousal support upon separation. Understanding what constitutes a “marriage-like” relationship in BC is complex, […]
Annulment vs Divorce in British Columbia
Ending a marriage is never easy. When a marriage breaks down, it gives rise to complex emotional and financial issues. Another major issue: how do you end your marriage? Can you annul a marriage in Canada? Is annulment the same as divorce? This article will explain the differences between annulment and divorce, the criteria to […]
How To Calculate Spousal Support in British Columbia
Calculating spousal support in British Columbia is a process that involves a multitude of factors, primarily based on the Spousal Support Advisory Guidelines (SSAGs). The SSAGs take into account various considerations such as the length of the marriage, the roles during the marriage, and the income of both parties. The first step in calculating spousal […]
Does Spousal Support End When You Remarry in BC?
Navigating the intricacies of spousal support, particularly in light of remarriage, can be a complex affair. The British Columbia Court of Appeal illuminated this arena with its landmark ruling in Rozen v. Rozen, 2016 BCCA 303, addressing the pivotal question: does spousal support end when you remarry in BC? The brief answer may be surprising […]
Dividing Family Property on Separation: Can Your Agreement Be Set Aside
BC’s Family Law Act starts with the presumption that family property and family debt should be divided equally between spouses upon marital breakdown. But the Family Law Act also allows spouses to contract out of the equal division regime and resolve property matters on their own by negotiated agreement. Often this is done in advance […]
Unjust Enrichment in British Columbia – Family Law Case Study
The concept of unjust enrichment in Family Law is complex. In a recent case, Judge v. Judge, 2015 BCSC 1764, a family law case in which the court determined that properties acquired by contributions of a husband, wife, and the husband’s parents, but held in the name of the husband’s parents alone, should be reapportioned […]
Uncontested Divorce in British Columbia: A Comprehensive Guide
An uncontested (desk order) divorce is the fastest route in British Columbia: you resolve every issue arising from the marriage first, then a Supreme Court judge grants the divorce on paper without anyone appearing in court. You still need one year of separation and a spouse ordinarily resident in BC for the year before filing. […]