Category: Family Law
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Common Law Partner Rights After Death in BC
In BC, whether an unmarried partner inherits can turn entirely on their relationship status on the day their partner died. WESA treats a common-law partner as a spouse only after two years of a marriage-like relationship. Miss that mark and the estate passes to other relatives under the intestacy rules. The loss of a loved […]
Is spousal support tax deductible?
Whether you’re facing a request to pay spousal support or need it to maintain your standard of living after a divorce, it’s important to have a clear understanding of the tax rules that apply. Our team of legal experts have a proven track record of success in handling spousal support cases, and we are here […]
Presumption of Advancement in British Columbia Estate and Family Law
The Presumption of Advancement in British Columbia has sparked heated debates among family lawyers and estate litigators. This common law doctrine assumes that when one spouse transfers property to the other, it’s considered a gift and becomes the sole property of the recipient spouse. But what happens in the event of death or relationship breakdown? […]
Imputing Income For Child Support in BC
In BC, child support is based on a payor’s income under the Federal Child Support Guidelines. If a parent is intentionally under-employed or hides income, the court can impute income, meaning it assigns a higher figure for support. The same discretion applies to spousal support calculations. Child support is one of the most important aspects […]
Does a Stepparent Have to Pay Child Support in BC?
When it comes to child support, many people assume that only biological parents are responsible for financially supporting their children. However, the laws surrounding child support can be complex, and in some cases, step-parents may also be held responsible for providing financial support. In this article, we will explore the laws and guidelines surrounding step-parent […]
Unjust Enrichment vs Quantum Meruit in British Columbia Law
Short answer: Unjust enrichment has a three-part test: the defendant was enriched, the plaintiff suffered a corresponding deprivation, and there is no juristic reason for the enrichment. The usual remedy is money. Where the couple ran a joint family venture and the wealth is linked to the claimant’s contributions, that money can be measured as […]
Spousal Rights After Death in BC
Quick answer: Yes. In British Columbia, a family property-division claim under the Family Law Act survives the death of a separated spouse. As confirmed in Weaver Estate v. Weaver, the personal representative of the deceased’s estate can start or continue the claim against the surviving spouse under section 150 of the Wills, Estates and Succession […]
Are You Entitled To Spousal Support in BC?
When your marriage comes to an end, are you entitled to spousal support? The answer depends on whether you can establish an entitlement to spousal support on one of the three recognized grounds: Contractual (g. a marriage agreement); Compensatory; and Non-compensatory (also referred to as “needs-based”) The basis for spousal support – contractual, compensatory, needs-based, […]
Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving spouse or the deceased spouse’s estate. In Malecek v. Leiren, 2021 BCSC 1052, there was a dispute about whether spouses were separated at the time of the husband’s […]
How BC Court Recognizes Third Legal Parent in Polyamorous Relationship
Olivia, Eliza, Bill, and Clarke are a family made up of three parents and one son. Their family makeup brought them before the BC court, seeking a parentage declaration in the context of their polyamorous relationship. As BC’s Family Law Act does not adequately provide for polyamorous families in the context of parentage, the court […]