Kelowna General Practice Blog

Property and debt division at the end of a relationship

On behalf of Porter Ramsay LLP on Monday, November 19, 2018.

When a marriage or long-term relationship comes to an end in British Columbia, dividing property and debt fairly is critical to ensuring both partners maintain a stable quality of life after the separation. The rules for property division are fairly straightforward, but there are always exceptions and exemptions to consider.

Despite laws requiring an equal division of family assets, it is not always as easy as splitting things 50/50. If you and your spouse did not have a legal agreement stipulating how you would divide your assets in this situation, you would be wise to seek professional advice on the best way to protect your interests during property division.

Family law: Do protection orders do what they're supposed to do?

On behalf of Porter Ramsay LLP posted in family law on Wednesday, November 7, 2018.

Domestic violence can rip families apart. Family law in British Columbia has rules in place to safeguard individuals against violence, such as protection or restraining orders. But, do they really work? This directive orders the alleged violent person to stay away from his or her intended target who is named in the order. Perpetrators are not to have any interaction or communication with their victims, nor are they allowed to frequent areas where they are known to frequent like places of employment, schools, etc They also must turn in all weapons they own to the authorities.

But if the alleged abusive person has no intention of following the order, how effective can it be? What protective orders can do is to give an alleged victim of abuse some recourse should the person accused of violence violate order. The authorities should be notified immediately if someone has broken that order. This is the real reason for issuing a protective order.

Wills and estates: The problem with an executor living abroad

On behalf of Porter Ramsay LLP posted in wills and estates on Tuesday, October 23, 2018.

Having an up-to-date comprehensive estate plan is always prudent. When it comes to wills and estates in British Columbia, having the right executor also means a great deal. But, what if that person isn't living in the same province or even the same country? This may cause some problems.

If an executor of a Canadian estate is living in the United States, he or she may have trouble getting access to a Canadian bank account. There may be issues regarding taxes in each country as well as the need for the executor to file federal and state tax returns in the States. Getting advice about these possible situations can be tricky to find.

Wills and estates: What to do when left out of a will

On behalf of Porter Ramsay LLP posted in wills and estates on Tuesday, October 9, 2018.

There is nothing that can cause more hurt and anxiety than being left out of a loved one's will. A lot of feelings can be enmeshed in wills and estates. When a British Columbia resident finds that he or she has been left out of a will, there are things that can be done even though it may take some time.

Contesting a will is becoming more common these days. The rationale behind increased litigation is because more people are amassing more wealth and there is more at stake in being left out of a loved one's will. People are living longer, too. With added longevity comes the increased likelihood that the testator could have had some cognitive problems and simply forgot to include someone in his or her estate plans.

Family law: Difficult to split illegal proceeds in divorce case

On behalf of Porter Ramsay LLP posted in family law on Tuesday, September 25, 2018.

A couple who made a living growing marijuana illegally for 20 years has split up. British Columbia has definitive family law rules, but how does dividing the profits from an illegal grow-op figure into a divorce situation? The two, who were married for 30 years, tried to share the assets, but since most of the transactions were completed using cash and scant records were kept, the court deemed their evidence of income was thin, often contradictory and lacking in credibility.

The pair ran grow ops in British Columbia, California and Mexico. They started their first grow-op in 1987. Both agreed to the divorce and not to contact each other, but they couldn't come to terms on spousal support and property division. They also own a home in Grand Forks, British Columbia, and if the woman wishes to stay in the home, her former husband would transfer his share to her. If she chooses not to stay in the home, it is to be sold and profits split between the two.

Family law: Being invested in kids 100 per cent after divorce

On behalf of Porter Ramsay LLP posted in family law on Monday, September 10, 2018.

Divorcing a spouse doesn't mean divorcing the children, too. Family law in British Columbia takes into consideration what is in the best interests of the children and that usually means have a healthy, well-rounded relationship with each parent if possible. Divorce is in no way the fault of any children involved and although parents may relinquish the personal parts they play in a former spouse's life, they should continue to be there to support their children 100 per cent.

When parents share joint custody, it may mean they have their kids half the time, but it doesn't mean they give them half their attention. No matter where their children may be, it is important for them to know that they have the love and support of the other parent even though that parent may not be physically present. Children shouldn't be pawns in a game of tug of war between their parents, but instead made to feel like they're all on the same team.

British Columbia family law: Taking some time to ink a settlement

On behalf of Porter Ramsay LLP posted in family law on Monday, August 27, 2018.

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.

Are you too sleepy to be behind the wheel?

On behalf of Porter Ramsay LLP on Tuesday, August 21, 2018.

There is still plenty of summer left, and you may have activities planned for your family in these last weeks of warm weather. If those activities include a trip to the bay, camping in one of the many beautiful provincial parks or a reunion with family, you likely have a lot of planning to do. Between creating an itinerary, planning your route and gathering the things you need to pack, you may think you have everything covered.

One thing to keep in mind if you plan to be driving long distances is the added dangers you may encounter as you travel. Whether you are taking highways or mountainous passages, you know the importance of remaining alert for wildlife, hazards in the roadway and drunk drivers. However, do you know how to recognize when you are the danger?

British Columbia family law: Mediation for family problems

On behalf of Porter Ramsay LLP posted in family law on Tuesday, August 14, 2018.

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.

Wills and estates: Three primary costs in estate planning

On behalf of Porter Ramsay LLP posted in wills and estates on Monday, July 30, 2018.

There are things people can do to reduce costs when planning their estates. British Columbia residents taking the time and effort to fashion their wills and estates want to leave as much as possible to their loved ones after they've passed away. But by planning in advance, more of the assets of the estate are sure to go to beneficiaries.

Probate is the process by which the executor actually proves that he or she is the one authorized to act for the estate, and that can be an expensive prospect. The will is reviewed to make sure it is legally binding. During this time, the executor pays debts that the estate owes and makes sure beneficiaries receive their inheritances.