Category: Family Law
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High-Profile Vancouver Estate Law Claim Results in Disappointed Beneficiary
Previously, our Vancouver estate law team discussed how the failure to meet formal validity requirements in a will can lead to BC estate litigation. As noted in that post, BC estate law gives BC courts the power to cure deficiencies in some circumstances where a will-maker has taken real steps to make a will, but […]
Avoid BC Estate Litigation by Making a Will that Meets Formality Requirements
In BC, a will is valid only if it meets WESA’s formal requirements: it must be in writing, signed at the end by the will-maker, and witnessed by two people present at the same time. A will that falls short can sometimes be saved by the court under section 58, but that path is never […]
Should You Seek Lump Sum BC Spousal Support?
On breakdown of a marriage, BC spousal support is commonly paid on a periodic basis, which means that one spouse pays the other spouse a set amount per month for a period of time – sometimes indefinitely. However, there are situations where it may be preferable to seek BC spousal support in a lump sum, […]
Frequently Asked Questions About Entitlement to Spousal Support
At the end of a marriage, are you entitled to spousal support? The question of entitlement to spousal support in BC is a threshold question that must be answered before considering the amount of spousal support and its duration (i.e., limited term or indefinite) by reference to the Spousal Support Advisory Guidelines (“SSAG”). The SSAG is a useful […]
How BC Family Law Applies to the Division of Stock Options in Divorce
In BC, employment compensation such as stock options or restricted stock units can be family property under the Family Law Act. Whether options are shared, and how they are valued, depends on when they were granted and earned. Unvested options tied to the relationship period can still be divisible. In this article, we will discuss […]
Divorce Law BC: “Meeting of the Minds” Not Needed for Spouses to Separate
The date that spouses separate has important implications under divorce law BC – among other things, the date of separation fixes the date as of which certain assets are to be divided and, as our family lawyers recently discussed, it impacts determinations of spousal support. It is often the case that the spouses disagree on the […]
BC Spousal Support for Common-Law Same-Sex Couples: How the Law Treats Your Relationship
Short answer: In British Columbia, an unmarried partner can claim spousal support if the couple lived in a marriage-like relationship for at least two continuous years, or had a child together and lived together for any length of time. Sexual orientation makes no difference to this test. Support is not automatic — you first have […]
Avoiding Spousal Support by Keeping Finances Separate: Does It Work?
If a couple keep their finances separate during a common-law relationship, will that provide the basis for avoiding spousal support should the relationship end? The short answer is no. Minimal sharing of expenses and lack of commingling of finances and assets are factors that the court will consider, but on their own those factors will […]
Is BC Spousal Support Owed If Couple Didn’t Live Together? Case Analysis
BC spousal support obligations arise if a person lived with another person in a marriage-like relationship for a continuous period of at least 2 years. Can BC spousal support be owed if the couple don’t live together for part of the relationship? That was precisely the question for the court in Roach v. Dutra, 2010 […]
Are You Entitled To Spousal Support At The End Of A “Marriage-Like” Relationship?
Are you entitled to spousal support even if you were not married? The answer is yes: according to BC law, you are entitled to spousal support – even if you were not married – provided you lived together in a “marriage-like” relationship for a continuous period of at least two years. But what does it […]