Court Rejects Daughters’ Claim that Dad and Stepmom Separated Prior to his Death
If spouses separate before one of them dies, there is a right to property division under the Family Law Act at the instance of either the surviving…
Disinherited Second Wife’s Lawsuit Against Her Stepchildren Dismissed
Transferring property into joint tenancy for estate planning purposes often leads to family disputes and in some cases, litigation. For example, a parent may add their adult…
Challenging the Enforceability of a BC Marriage Agreement
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…
International Child Custody: Child’s Habitual Residence & Temporary Stays Abroad
In international child custody matters, the “habitual residence” of the child is a critical factor in determining whether there has been wrongful removal or retention of a…
Does a Stepparent Have to Pay Child Support in BC?
Divorce and the “recombining” or blending of families is increasingly common, which raises the question: does a stepparent have to pay child support in BC? The answer is yes;…
International Family Law: What if Spouse Doesn’t Live in Canada?
Child support and custody, spousal support, division of matrimonial property, and divorce can be very complex in international family law matters. The breakdown of the marriage is…
Filing for Separation in BC: Sex and Separation
People often use the phrase “filling for separation”, but there is technically no such thing as legal separation or filing for separation in BC. Spouses can separate…
Is Family Property Divided Equally After Separation?
On marriage breakdown, many spouses ask: “Is family property divided equally after separation?” The answer is that family property and debt is divided equally after separation unless…
How to Divide Family Property: No “Second Kick at the Can” to Prove a Claim
Upon marriage breakdown, it will be necessary to divide family property and assets, either by agreement of the separating spouses or by order of the court. If…
Are You Entitled to Spousal Support? Post-Separation Income Increases
Where there has been a post-separation increase in the payor spouse’s income, are you entitled to spousal support that reflects that increase? In Hersey v. Hersey, 2016…