When people think about pre-nuptial agreements the idea often brings to mind wealthy celebrities entering into contracts because they know their marriage is not going to last. It is important to realize that these types of agreements are not just for the wealthy.
The exchange of information is critical in any family law case. Without the exchange of relevant information neither side in a legal action may know what their claim is, what their chance of success may be, or even if they have a case at all.
When a married couple decides to get a divorce, one of the major issues that must be settled is division of property. Division of matrimonial property is governed by the Matrimonial Property Act in Alberta and the Family Law Act in BC.
The division of matrimonial assets upon divorce and separation is a very complex matter. While the law stipulates that matrimonial property is generally split 50/50, that may not make sense practically.
Once the decision has been made to end a marriage many people want to know how quickly they can get divorced. A divorce is a court order that legally ends a marriage. Unmarried spouses do not need to get divorced. In Canada, the Divorce Act governs the requirements for all divorces.
When parents separate they learn fairly quickly that there are two types of child support in Canada. These types of support are called section 3 and section 7 child support. These sections refer to different sections of the Child Support Guidelines.
Your ex stuck you with the bill for the family home, took off and you can’t afford to continue to pay the mortgage. Debt is adding up, and the taxes are due. Foreclosure is a real possibility. You need your ex to sign off on selling the property, and they refuse. How do you protect your credit, and the equity in the home? One option is to force to sale of the matrimonial home.
In Canada, an application to the court in a family law proceeding can be made either the in Provincial Court or the Superior Court. Depending on the province, the Superior Court is called the Supreme Court or the Court of Queen’s Bench.
The family law lawyers at Crossroads Law are often asked how old a child should be before he or she can be left at home alone. In Canada, only three provinces establish a minimum age at which children can be left home alone.
Step-parents can be held responsible for paying child support. The term “in loco parentis” is Latin for “in place of a parent” and this is the term used by the courts for step-parent. This term is used in situations involving a person who is not a biological parent, but has taken on responsibilities for the child, like a parent would.
Corollary relief is something that a party seeks from the Court, that is in addition to the main relief they are seeking. In family law matters, corollary relief is most often understood as referring to issues of spousal support, child support, parenting, and division of property. The main relief being sought from the Court is a Divorce Judgement, but related to the divorce itself are a host of issues that the parties need to deal with as they begin to untangle their lives.
It is very clear that people love their pets. There are now pet spas and salons and pets can even get acupuncture. When divorce happens the issue of who gets Fluffy often arises and some people also want to know if they can claim support for pets like they would for children.
Mediation is always best… or is it? Many lawyers will propose mediation automatically as the default starting point in a family law dispute. While mediation is often the best place to start, sometimes starting with mediation can lead to wasted time and resources.
After a separation, many people wish to restart their lives in a new city, and more often than not, a place where there is new opportunity. Our clients often say to us, “I want to move with my child (or children), how do I do that?” Moving with your child or children in British Columbia requires several steps before you can relocate.
Court Appearances are a very stressful part of relationship breakdowns. Most often, parties can work together to avoid going to Court, but occasionally the only way to overcome an impasse is to bring the matter before the Court. Once you decide to bring a matter before the Court the next step is filing the appropriate materials, often including Affidavits. An Affidavit is a written statement of the relevant facts, which you swear to be true.
An important aspect to consider with any family court application is that of court costs. For example, if you are successful, you could have legal costs awarded in your favor payable by your ex-spouse, or if you are not successful, you may be ordered to pay legal costs to your ex-spouse. It is important to understand how costs are determined, so there are no surprises if/when or you do go to court.
Many people think that they need to make an application to the Court or have some sort of document formalized in order for their separation to be recognized. Many are surprised to learn that the act of separating does not require a formal process.
Many people assume that child support ends when a child reaches the age of majority. This is not always the case. The lawyers at Crossroads Law regularly work on child support cases in both British Columbia and Alberta involving children both under and over the age of majority. The age of majority in BC is 19 and in Alberta it is 18.
Sometimes neither spouse can keep the family home because they cannot qualify for the mortgage on their own and they may not be able to find a cosigner. Also, one spouse may need to pay the other out if they keep the home because keeping the family home means that they will have more of the total family assets and property. When spouses separate, all assets and debts needs to be identified and valued to determine who will get what.
The family lawyers at Crossroads Law pride themselves on being up to date on all the latest developments in the law. We offer a wide variety of services in every area of family and divorce law matters. For more information on family law please see the links below. If you are interested in a consultation to learn more click here.