6 Most Common Misconceptions about Divorce Explained By Our Top Rated Vancouver Divorce and Separation Lawyers
MacLean Law’s top-rated Vancouver divorce and separation lawyers listen to their clients and patiently explain the law while crafted solutions that let them move forward successfully. Our Vancouver Divorce and Separation Lawyers were rated once again Vancouver’s best family law firm and we have compiled a list of 6 most common misconceptions about divorce that people tend to have. Contact us early on to find out what your rights are.
Our top rated Vancouver Divorce and Separation Lawyers operate across BC out of our 8 offices located in Vancouver, Toronto, Calgary, Richmond, Victoria, South Surrey, Kelowna and Fort St John, BC. Call us toll free at 1-877-602-9900 to help focus you on resolving your case as quickly and with the least stress possible.
- The “legal separation.”
Our skilled Vancouver Divorce and Separation Lawyers know many separating parties mistakenly believe that there is such a thing as a “legal separation”, as if one needs to have go through some form of legal procedures to separate from his/her spouse. Some non-lawyers often use the term when they mean a separation agreement, or because they expect that there is some process that will make spouses “officially separated.” The fact is anyone is entitled to separate without first speaking to a lawyer or judge. What lawyers assist with is the settlement of legal issues.
However, it should be noted that the concept of “separation” itself is not necessarily a simple one. Depending on the circumstances, two spouses can be “separate and apart” when they still live in the same house. Because the date of separation is a decisive point in most divorce claims (such as division of property), its determination is often the focus of many litigations arising out of family disputes.
- The “common-law marriage.”
Our Vancouver Divorce and Separation Lawyers also know that contrary to some people’s belief, there is no such thing as “common-law marriage”. People who are living together are not married and do not need to get a divorce to end their relationship. They do however have rights similar to married couples for spousal and child support and since March 2013 property rights if the parties have lived together in a marriage like relationship of over 2 years.
- Parenting schedules and child support.
Vancouver Divorce and Separation Lawyers at MacLean Law know that some departed parties believe that support is a fee paid in exchange for time with a child, or, conversely, that a right to spend time with a child only exists so long as child support is paid. These are in fact independent rights and obligations.
- Settlement during litigation.
Some people are unaware that commencing a court action does not preclude settlement without trial. As a matter of fact, our Vancouver Divorce and Separation Lawyers explain to our clients that the BC court has repeatedly emphasized that settlement is not an add-on, but a preferred alternative to going through the whole litigation process. Roughly 5 % of matters going to trial. Mr. Lorne MacLean, QC is know as a fierce adversary in court and this helps many cases of his to settle favourably for his clients.
- Effect of misconduct.
Our Vancouver Divorce and Separation Lawyers set the law in Canada on how misconduct can be considered upon relationship breakdown in the infamous case of Leskun v. Leskun.It is frequently assumed that fault attaches to adultery and that support and issues about the care of children or division of property may be used to punish an adulterous or abusive spouse. This is not true. While adultery is one of the three grounds for the court to grant a divorce, it does not necessarily play a role when it comes to division of property or support issues. Our skilled Vancouver Divorce and Separation Lawyers will explain to you how misconduct is relevant and when it is not.
- Equal Distribution of Property.
Some believe that a couple’s family properties are always equally distributed to each of the spouses upon divorce or separation. While equal division is the presumption (or the “starting point”, so to speak), division of family property is often much more complex and require innovative strategies and careful analysis. Under the Family Law Act, certain properties that may otherwise appear as “family properties” can be excluded from family properties, allowing their owners to keep 100% interest of them. The court also has broad discretion to “override” the equal division presumption if it is convinced it would be “significantly unfair” to follow it strictly. In addition, the existence of marriage agreements and/or separation agreements can bring complications to division of property as well.
Contact MacLean Law
Divorce is a serious matter to all of us. It can be especially complex for high net-worth individuals, whose cases require the aid from lawyers with extensive experience in high net-worth divorce.
As BC’s top-rated family law firm, MacLean Law is committed to providing our clients the best legal services possible and guiding them through the difficult time of their lives using innovative strategies and solid, hard work. Our founder, Lorne MacLean Q.C. handles exclusively high net-worth divorce cases. We have offices across BC, including Vancouver, Surrey, Kelowna and Fort St. John. Please feel free to contact us by calling our toll-free line: 1 877 602 9900.
