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Category: BC

Category: BC

Can I Get a Divorce Without My Spouse’s Consent?

Can I Get a Divorce Without My Spouse’s Consent in Vancouver, BC In some Vancouver divorces, the spouses don’t agree about the need for a divorce. This can create a contentious situation where one of the spouses believes that the marriage has broken down irretrievably and the other often wants to try to “work it out”. Such situations can be complex to resolve. Proceedings generally go smoother if both parties can agree on the fundamental need for divorce (as well as the main separation issues) but the consent of both spouses is not necessary to obtain a divorce in [...]

By |07/11/2022|

How to Apply for a Family Protection Order in BC

Applying for a family protection order in British Columbia Family violence is a distressing experience that can leave people wondering what their options are. If you have experienced family violence or believe that you or a family member are at risk of family violence, you may apply to court for a family protection order to protect yourself or any family member, such as your children. It is a good idea to have the assistance of a family lawyer in this process, not only to guide you through the legal steps, but also to help you understand other resources [...]

By |19/10/2022|

Proving Common Law Relationships When Separating in British Columbia

Separation and Proving a Common Law Relationship in BC If you are unmarried when you separate from your partner in Vancouver but are hoping to claim common-law status, you may need to prove that your relationship qualifies as “common law” under B.C. family legislation. According to the B.C Family Law Act, you may be entitled to the same rights as a married spouse, providing your relationship meets the definition of common law here. This includes the same rights regarding property division, spousal support, and child support that married couples can access during a divorce. Under the Family Law [...]

By |20/09/2022|

Reasons Why You Should Hire a Family Lawyer

Separation and it's effects on a family agreement in BC A skilled family lawyer can help you avoid and resolve legal disputes regarding loved ones. However, many families in BC wait to seek assistance until the situation has gotten so bad that they need court intervention and mediation and don't know what else to do. While many people think family lawyers only handle dispute resolution, that is not all we do. We can also help prepare agreements between spouses and partners, assist with the marriage and divorce process, and protect families who are victims of domestic violence. A family [...]

By |31/08/2022|

Family Agreements After Separation in British Columbia

Separation and it's effects on a family agreement in BC Separating from a spouse involves many important decisions that have consequences for those around you, especially if there are children from your marriage or common-law relationship. You will need to decide how will you take care of the children, how property and debt will be divided, whether support payments are due, and so on. At emotional times like this, it can be challenging. The guidance and support of a family lawyer can help you and your spouse agree on the terms of the separation and draw up an [...]

By |29/08/2022|

Intestate Succession and “Marriage-like Relationships” in BC

Intestate Succession and “Marriage-like Relationships”: Determining Who Inherits In two recent decisions, the British Columbia Court of Appeal has provided guidance concerning the circumstances in which a common law partner may qualify as a “spouse” under the Wills, Estates and Succession Act (“WESA”). The qualification is an important one - it determines whether the individual is entitled to inherit the estate of a partner who has died without leaving a will. In Coad v. Lariviere, 2022 BCCA 222, the applicant was found to be entitled to inherit; in Jones v. Davidson, 2022 BCCA 31, she was not. [...]

By |06/07/2022|

Relocating With Children in British Columbia

Relocating With Children in British Columbia Relocating with children after a divorce in B.C. is a complex matter that requires preplanning and considerable thought before acting. Parental rights and responsibilities are highly valued in British Columbia’s family law system, so anything that could impinge upon them is carefully scrutinized. If you are looking to relocate with your children, therefore, you will need to consider how the move will affect the other parent and other important people in the children’s life. As always, the standard used for decisions concerning children in B.C. is the children’s best interests. Sorting out [...]

By |05/07/2022|

Imputing Income to a Parent Who is Underemployed in British Columbia

How a Parent Gets Sole Custody of Their Child in British Columbia Parents in British Columbia have a positive duty to provide financial support for their children in an amount that is commensurate with their income (Family Law Act, s. 146(1); DBS v SRG, 2006 SCC 37). The Federal Child Support Guidelines provide rules guiding the determining of a parent’s income, and the amount of support payable, based on that income. But what happens when a parent’s income is less than it could be – especially where that situation results from the parent’s own choices? This question [...]

By |04/07/2022|

How to Get Sole Custody of Your Child in British Columbia

How a Parent Gets Sole Custody of Their Child in British Columbia With most divorces involving children in BC, child custody matters are settled so that both parents have approximately equal parenting time and both play an active role in the decision-making for their children. This is the general rule applied but it is not always possible — or desirable. Sole custody of a child can be awarded by then BC courts where it is warranted. To obtain sole legal or physical custody in BC is not easy and there is usually a high burden of proof [...]

By |08/06/2022|

If the relationship breaks down, does it affect my Immigration application or status?

How does divorce affect my immigration application or status in British Columbia? Many foreign nationals have concerns about their immigration status when their relationship breaks down. You may need to seek immigration advice about your specific situation. Book a Consultation Marital Status Options in Applications to IRCC There are eight marital status options that a principal applicant can choose from in Immigration Refugee and Citizenship of Canada (IRCC) application forms: Annulled marriage Common-law Divorced Legal separated Married Single Unknown Widowed Among these, only married spouse and common-law partner can be included in the [...]

By |16/03/2022|

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