Many BC divorce and British Columbia Separated parents involved in a BC child custody case think their chances of receiving child custody, more or less support, or a larger share of the family property will change if their spouse has had an affair. In reality an affair has little if any impact on the issues […]
BC SPOUSAL SUPPORT CONSENT ORDERS VARIATION AND MIGLIN TWO STEP TEST FOR VARIATION OF SPOUSAL SUPPORT
In Turpin v Clark the BC Court of Appeal partially allowed a husband’s appeal from a BC spousal support judgment allowing the wife’s upward quantum variation to comply with the Spousal Support Advisory Guidelines of a Consent step down BC spousal support Order.
BC SEPARATION AGREEMENT ENFORCEMENT AND VARIATION
Parties often settle their marital breakdown differences by entering into a contract called a separation agreement. How are separation agreements enforced and in what courts in British Columbia?
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 […]
