I am often told by my BC Family Law clients that they suspect family assets or family money have been hidden or gone missing near the end of a marriage. To avoid this problem I recommend you keep a close eye on assets, bank accounts, company financial statements and credit cards amongst other assets and […]
BC Family Asset and British Columbia Property Division and Reapportionment in Short to Medium Length Marriages Ending in British Columbia Divorce
As Vancouver family lawyers and Fort St John family law and divorce lawyers, we are often asked what BC courts do in shorter marriages in British Columbia that end in divorce both with respect to British Columbia spousal support and BC family asset division. We are also frequently asked what kind of BC assets are divided at the end of a marriage? We advise people that the test is whether the assets were ordinarily used for a family purpose.
BC FAMILY LAW AND DIVORCE LAW ALERT – WHEN IS A TRUST A FAMILY ASSET?
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 […]
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 […]
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 […]
