Category: Family Law
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“Reprehensible” Conduct in Family Law Case Draws Over $1.2 Million Costs Award
A wealthy businessman adopted a battle plan designed to punish his estranged wife on multiple fronts in protracted Vancouver family litigation. The BC court found that the husband’s conduct amounted to use of his superior resources in an attempt to wear down his wife. His “litigation war” strategy and the unsustainable positions he took throughout […]
Ex-Wife Entitled to $250,000 Life Insurance as Promised in Separation Agreement
Life insurance provisions are often included in separation agreements as security for spousal support or child support. The terms of the separation agreement will require one spouse to carry life insurance in a particular amount, and typically require the irrevocable designation of the children or ex-spouse as the beneficiaries. Failure to comply with a life […]
BC Committeeship: Court-Appointed Decision-Maker for Adult who Lacks Capacity
Quick answer: In British Columbia, a committee is a court-appointed substitute decision-maker for an adult who cannot manage their own affairs. The BC Supreme Court appoints a committee of estate (money and legal matters), a committee of the person (health and personal care), or both, under the Patients Property Act. A committee is a fiduciary […]
BC Family Law: What if a Spouse Lacks Capacity to Understand Consequences of Marriage?
In BC, marriage is a contract, so a person must have the mental capacity to understand its nature and consequences. If one party lacked that capacity, a court can annul the marriage, treating it as never valid. Setting a marriage aside for lack of capacity is difficult and carries a heavy burden. Marriage is a […]
How an Abused Senior Sets Aside Transfer of His Home to Predatory Spouse
Our Vancouver estate litigators and family lawyers have been examining the issue of predatory marriage in BC and concerns that such marriages may be on the rise due to COVID-19 (i.e. the required social distancing and isolation of elderly people). It is possible for a marriage to be found void due to lack of capacity […]
Increased Risk of Predatory Marriage During the COVID-19 Pandemic?
Are BC residents at increased risk of falling victim to predatory marriage during the COVID-19 pandemic, particularly those who are elderly or suffering from cognitive impairment such as dementia? There is some cause for concern that the conditions brought about by the coronavirus pandemic may lead to an increased risk of predatory relationships, so in […]
Divorce Law BC: Dividing Assets Acquired by Joint Family Venture
Where spouses contribute in various ways, and in different measures, to the acquisition of family wealth and assets, how does BC divorce law apply to divide that property on breakdown of the marriage? In many cases, title to the property is in only one spouse’s name, despite the other spouse’s contributions. It might also be […]
BC Divorce Law: Help! My Spouse Drained Our Joint Line of Credit
Under BC divorce law, the rules about division of family property and debt apply to both married couples and unmarried couples who have been living together in a marriage-like relationship for at least two years. Many spouses have joint bank accounts or joint lines of credit, intended to be used to pay for various things […]
Can I Challenge a BC Marriage Agreement if I got Legal Advice Before Signing? The Legal Perspective
A BC marriage agreement may be unenforceable if one or both of the spouses did not obtain independent legal advice before signing the agreement. Without independent legal advice, there is a risk that the court will set the BC marriage agreement aside on the basis that one or both of the spouses did not know […]
Challenging the Enforceability of a BC Marriage Agreement Under Family Law
If properly prepared, a BC marriage agreement effectively and efficiently deals with issues such as division of property, responsibility for debts, spousal support, and child support on breakdown of a relationship. However, if not properly prepared or fairly negotiated, a BC marriage agreement may be set aside (in other words, the agreement may be found […]