Kelowna General Practice Blog

There tends to be a sense of urgency when a couple decides to divorce. But when looking at divorce legalities under British Columbia family law, it may make more sense for each individuals to take some time to think about the future before agreeing to anything. Those who wonder about their financial future after having signed a divorce agreement may be in trouble down the road.

If children are a part of the picture, looking toward the future also means being able to meet children's needs emotionally, physically and financially. When parents respect each other when it comes to meeting their kids' needs, they will realize that the children should figure prominently in the picture when it comes to ironing out a settlement. Since divorce mean separation, it may be disconcerting at first that parents at least have to maintain some semblance of a relationship when it comes to their kids.

There many be times when family members need a little help getting along. When issues can't be ironed out within the family dynamic, there are tools available under the British Columbia family law umbrella that may help -- such as alternative dispute resolution processes. A process which is controlled and in which the balance of power is on an equal footing may be helpful in resolving contentious issues within the family dynamic.

When family violence is a factor, the mediation process may not be the best fit. However, if the issue has to do with power imbalances, they can be addressed and mediation can be effective. There must be a screening process in place, and a professional mediator should be at the helm -- one who is familiar with the law, such as a lawyer. Individuals must agree to the mediation process and be able to negotiate details in a safe, fair and effective manner.

Making the decision that a marriage isn't working is no easy feat. Thankfully, there are resources under the family law umbrella that give individuals the tools to help with the process. Still, some people have many misconceptions about what divorce in British Columbia entails. The primary myth concerns a cheating spouse. Just because a partner is unfaithful doesn't mean the courts will side with the other partner.

Canada has a no fault divorce system, and as such, the courts aren't concerned with why the marriage eroded. It's also not true that a partner has to be on board with the divorce decision. Spouses who have lived in separate dwellings for at least a year can file a court application to bring a contested divorce to a resolution. Another myth has to do with common law partners. Those who have lived together for a set number of years, most likely will have to split assets, and one partner may have to pay child and/or spousal support.

Could it be possible that what is happening in the housing market in Canada could have an effect on the birth rate? Some real estate experts say yes. With burgeoning prices, some couples, including those in British Columbia, are opting to buy condos instead of single family homes and that could mean delaying starting a family. A recent study points to some interesting findings regarding real estate and birth rates.

Apparently, there is a direct correlation between escalating house prices and falling pregnancy rates. Although the study is U.S.-based, its findings also pertain to the Canadian scenario. Findings show that for every 10 per cent increase in house prices, the birth rate among women between 25-29 years of age, will decrease 1.5 per cent.