Spousal Support Awards under BC Family Law Legislation by Alison Ouellet British Columbia Spousal Support awards come in various forms. Awards can be time-limited, permanent or reviewable. But what does all this mean? Is there ever any certainty as to how long the payor will be paying for? The simple answer is no.
BC Child Custody and Child Access Parenting Plan
This BC Child Custody Parenting Plan comes from an excellent website by Gary Direnfeld at www.yoursocialworker.com. Please check out his website and use his worksheet below to come up with a plan you feel best meets the needs of your children. PARENTING PLAN WORKSHEET Date: ____________ Print and complete this worksheet to facilitate discussion and […]
Case Comment on Miglin v. Miglin: Are Separation Agreements Finally Final?
On April 17, 2003, the Supreme Court of Canada released the long-awaited judgment in Miglin v. Miglin [2003] S.C.J. No. 21, 2003 SCC 24, regarding separation agreements. All nine justices of the Supreme Court of Canada heard the appeal from the Ontario Court of Appeal. Judgment for the majority of seven justices was written by […]
BC Divorce & BC Family Law RRSP, Pension, Insurance
Revoking Designated Beneficiaries: Better Safe than Sorry! Once parties have completed a separation agreement or have finalized the division of property after a divorce or relationship breakdown, each may believe that they have sufficiently dealt with property matters and can move on with their lives having successfully disentangled themselves. This may not always be the […]
Parallel Parenting
Child custody in British Columbia
Restrictive Retroactive Child Support Guidelines Decision
BC family law practitioners have come to believe that the courts will almost routinely allow for a retroactive child support correction in cases where a payor’s income has increased on an annual basis from the amount that was originally used to calculate the child support obligation. However, it is now critical that family law lawyers […]
Restrictive Retroactive Child Support Guidelines Decision Could Spell Disaster for Children and for Family Lawyers who fail to include annual Child Support Reviews
BC family law practitioners have come to believe that the courts will almost routinely allow for a retroactive child support correction in cases where a payor’s income has increased on an annual basis from the amount that was originally used to calculate the child support obligation. However, it is now critical that family law lawyers […]
The Presumption for Status Quo: Is it Time to Let it Go?
Where parties are claiming custody of or access to children, either or both of the parties may apply to court for an interim order for custody or access. An interim order is one that is made after the proceedings have been started but before the trial. The court must consider what is in the best […]
Hartshorne: Enforceability of Prenuptial Agreements and Division of Assets
In the recent court case of Hartshorne v. Hartshorne the Supreme Court of Canada has stated that when parties enter into a prenuptial agreement the terms of that agreement will be upheld in all but the most unusual of cases. This decision has essentially rendered the Family Relations Act section 65 provision that allows separation […]
New Evidence after Judge Made a Decision
In a recent decision, the British Columbia Supreme Court examined the question of whether a decision reached at trial could be reopened and changed without an appeal taking place on the basis of new evidence having been discovered after the trial had ended. K.F.P. v. D.J.P 2004 BCSC 466 was a family law trial involving […]
