One question that often arises is “am I separated?” On the face of it, this seems like a simple issue, but if you are living in the same home as your former spouse things can get confusing.
The family lawyers from Crossroads Law located in Vancouver BC and Calgary AB have a client centred approach to help you successfully navigate the family law system. Our experienced family and divorce lawyers author these blogs to provide you insight and to help you through this challenging time.
Publications Categorized "Divorce and Separation"
The gifting of down-payments by parents to their children is on the rise as home ownership becomes increasingly unattainable in many Canadian cities.
Parenting Coordination is most helpful for parties who have reached a general parenting agreement, but who have ongoing communication issues that impede their ability to co-parent effectively after separation.
Divorce and separation can be a stressful, and emotional time for everyone involved; particularly when there are children and the family is changing structurally, functionally and emotionally. From living arrangements, parenting time, and new partners.
An Emergency Protection Order (“EPO”) can be granted by a Alberta Provincial Court Judge or a Justice of the Peace on short notice. EPO Orders are put in place to deal with incidents of family violence. Family violence includes the following
When dividing matrimonial property in a separation or divorce one of the biggest questions that we get is, “How do my spouse and I divide our RRSP’s?” & Is it Better to Transfer RRSP’s or Keep Them, and Pay my Spouse Out of Other Assets?
Separation and divorce are confusing times for families, particularly when dealing with children. Luckily, there are resources that are provided to help people find information on how to properly navigate the process.
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.
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.
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.
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.