Family trusts are common estate and tax planning devices. There is often the mistaken assumption that a spouse’s interest in the capital from a trust set up by his or her parents or family member is not a family asset that will be shared with the other spouse although the income from that trust can […]
Drawing on the depth and breadth of our expertise, we’ll help you distill the complicated so you can break through to strategic and positive family solutions.
Spousal Support and the Duty of Self Sufficiency
One of the most contentious issues on marriage breakdown is should one spouse be supported by the other and if so how much will be paid and for how long. A huge issue that often arises is over what the lower income spouse can earn. I often tell clients that the theory used by Robin […]
BC CHILD CUSTODY UNDER BC FAMILY RELATIONS ACT AND DIVORCE ACT
Lorne MacLean, a BC family law lawyer and BC Divorce law lawyer feels strongly about educating the public about BC child custody under the BC child custody portions of the Family Relations Act and the BC child custody sections of the Divorce Act that also govern BC child custody. Custody, guardianship and access rights/arrangements can […]
DIVIDING BUSINESS ASSETS IN A DIVORCE IN BRITISH COLUMBIA – WHOSE BUSINESS, HOW MUCH?
One of the most contentious issues in divorce proceedings is the division of business assets. The first question is whether the business interest is a family asset. The second is, if it is a family asset, how it should be valued for the division of assets. The spouse seeking to keep the business in his […]
SHARED CUSTODY AND THE CHILD SUPPORT GUIDELINES CONTINO SUPREME COURT OF CANADA
In a child support judgment rendered on November 10, 2005 in Contino v. Leonelli-Contino, the Supreme Court of Canada has addressed the calculation of child support under the Child Support Guidelines in shared parenting situations. This decision is now the leading child support case in Canada and for BC child support in shared custody cases […]
BC CHILD CUSTODY AND BC SEPARATION AGREEMENTS
In our recent July 21, 2005 article on separation agreements and BC child custody and BC child guardianship and BC child access we opined that the test to vary a BC separation agreement’s custody terms was now higher than the test to vary a custody order under the Gordon v. Goertz test. The Alberta decision […]
Will I be paying Spousal Support Forever?
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 […]
