We are pleased to provide our Top 3 South Asian Separation Tips. MacLean Law’s Gurdeep Khosa, Lexpert’s “One to Watch” family lawyer, explains the top 3 tips for marital breakdown in British Columbia. These tips provide you a better understanding of the law but just as importantly cultural factors lawyers and judges need to be aware of.
Gurdeep Khosa 3 Tips on How to Deal with Marital Breakdown in the South Asian Community Tel: 604 602 9000
Many South Asian women stay in toxic marriages for the sake of family honour, pride, obligation, children, or finances. It is important to know your legal rights upon marital breakdown and understand that it is important to leave a toxic relationship rather than being obligated to staying in one.
Property Division -Top 3 South Asian Separation Tips
Quite often, in the South Asian community, women are living in joint households with their husbands along with extended family members, not limited to but including their mother-in-law, father-in-law, and various other individuals. The question arises: what is your property interest, given the fact that the married woman may have been residing in a joint household with her husband’s extended family?
All property owned by either or both spouses (including property owned by a spouse jointly with a third party such as a parent) at the date of separation is family property unless it is excluded property. Family property includes real property and personal property. These include: bank accounts, pensions, businesses, debts owing to a spouse, and so forth. Family property is presumed to be shared equally between spouses, subject to certain exceptions.
In the above scenario, the married woman may have claims under the law of trusts and common law in relation to the household property as well.
Family Violence – Top 3 South Asian Separation Tips
The unfortunate reality is that it is common for South Asian women to be the victims of family violence. It is important to know your legal rights as it pertains to family violence. Our South Asian family violence lawyers understand the cultural issues in this area.
“family violence” includes, with or without an intent to harm a family member,
(a)physical abuse of a family member, including forced confinement or deprivation of the necessities of life, but not including the use of reasonable force to protect oneself or others from harm,
(b)sexual abuse of a family member,
(c)attempts to physically or sexually abuse a family member,
(d)psychological or emotional abuse of a family member, including
(i)intimidation, harassment, coercion or threats, including threats respecting other persons, pets or property,
(ii)unreasonable restrictions on, or prevention of, a family member’s financial or personal autonomy,
(iii)stalking or following of the family member, and
(iv)intentional damage to property, and
(e)in the case of a child, direct or indirect exposure to family violence;
The Honourable Justice Schultes has stated that:
“The broad and inclusive definition of “family violence” recognizes that the kinds of harm that can be inflicted in this situation extend beyond the infliction of physical violence.”
Morgadinho v. Morgadinho 2014 BCSC 192, paragraph 59
The Supreme Court Of Canada has currently reserved on whether their is a tort of family violence in Canada in the Ahluwalia case.
Spousal Support – Top 3 South Asian Separation Tips Tel: 604 602 9000
It is your legal right to know that you may also be entitled to spousal support.
The Family Law Act imposes a duty on spouses to provide support when entitlement is established Section 165 of the Act provides that on application by a spouse or, if applicable, an adult guardian on their behalf, a court may grant an order for spousal support after taking s. 160 into account.
The s. 161 objectives for determining entitlement to spousal support are:
161 In determining entitlement to spousal support, the parties to an agreement or the court must consider the following objectives:
(a) to recognize any economic advantages or disadvantages to the spouses arising from the relationship between the spouses or the breakdown of that relationship;
(b) to apportion between the spouses any financial consequences arising from the care of their child, beyond the duty to provide support for the child;
(c) to relieve any economic hardship of the spouses arising from the breakdown of the relationship between the spouses;
(d) as far as practicable, to promote the economic self-sufficiency of each spouse within a reasonable period of time.
The criteria for determining entitlement to spousal support are set out in s. 162 of the Family Law Act:
162 The amount and duration of spousal support, if any, must be determined on consideration of the conditions, means, needs and other circumstances of each spouse, including the following:
(a) the length of time the spouses lived together;
(b) the functions performed by each spouse during the period they lived together;
(c) an agreement between the spouses, or an order, relating to the support of either spouse
Read more on spousal support guidelines here.
Call Our Canadian Family Law Firm Of The Year Lawyers Tel: 604 602 9000
There are two different spousal support formulas and compensatory, non compensatory and contractual bases for support exist in Canada. The area is complicated so hire top quality lawyers experienced with family dynamics in the South Asian community. We hope these Top 3 South Asian Separation Tips helped you get a brief understanding of the law but consulting with our top rated family lawyers is key.
For more top South Asian family lawyer tips click here.
