Kelowna General Practice Blog

Being on the receiving end of divorce papers is not easy. It can actually be heart-wrenching, but the truth is once a marriage is over and divorce is imminent, one person is likely to make the move to make the dissolution of the marriage permanent, based upon the guidelines outlined in family law rules. Those in British Columbia who find themselves on the responding end of a divorce notice and are served papers -- called a Notice of Family Claim -- have 30 days in which to respond.

If the respondent isn't around to receive the documents or the claimant can't seem to have them delivered personally, the court may authorize substitute service. They can be left in the mailbox, for example, or with close family members. Respondents who don't acknowledge receiving a Notice of Family Claim may find that the court will give the orders contained within it the stamp of approval without providing the respondent with further notice.

A new tax slapped on out-of-province purchasers of real estate has the Okanagan Mainline Real Estate Board (OMREB) adding its two cents to the conversation the move has created. The board president believes the tax will create hardship in the Okanagan real estate economy as well as in other British Columbia locations. The perceived unintended consequences the tax may create -- particularly towards Albertans who own property in B.C. -- is concerning.

Non-B.C. residents may either be forced to rent out their properties, which would make it difficult for them to use themselves, or they may have to contribute more taxes to the B.C. economy. If these properties are rented out, it may affect businesses in the valley since homeowners buy goods and use services. Businesses like restaurants, gas stations and corner stores could feel the pinch.

The Pacific Province's recently dropped budget may not make homes any more affordable as hoped, according to industry professionals. British Columbia's proposed housing affordability plan, may even have the opposite effect and drive home prices up, says a spokesperson for the province's real estate development industry. Homes worth upwards of $3 million will also be privy to a transfer tax hike of 5 per cent, up from 3, which won't help matters, the spokesperson added.  

The province is also being criticized for a tax geared toward those who don't pay income tax such as foreign owners of real estate. The tax basically targets those who leave their homes vacant for most months – out of province owners or cottagers, etc. But, no matter what is done to keep prices at bay, prices basically hinge on supply and demand. When there isn't enough housing, prices go up and fewer people can afford to become home owners.

It's hard for some people to see any positives in divorce. When a couple splits up in British Columbia it is often associated with negatives, and the impact it may have on children are also thought to be negative. But, there are some positives children could take away from the end of their parents' marriage. No one wants a child to have to toughen up, but divorce may give children some skills that they wouldn't have otherwise developed. Available resources can provide parents with the tools to help their children through family law proceedings in the most positive way possible.

If there is one thing divorce teaches a child, it's how to adapt to new situations. If they are being co-parented, they will likely spend time in each of their parents' homes and do separate things with each of their parents. They learn to become resilient and to go with the flow and to cope with life's changes.