Categories for Family Law

Survey reveals trends in marriage, divorce and finances

On Behalf of Porter Ramsay LLP | Jul, 01, 2022 | Family Law

Most people expect divorce to have an impact on their financial situation. However, it is interesting to note that the impact is not always all negative. While divorce can be expensive, most divorcees also note that their financial management improved post-breakup.   This was one of the many things revealed in Toronto-Dominion Bank’s “Love & Money” survey, which aimed to understand how people were approaching financial matters and relationships in British Columbia and throughout Canada. Here are some of the highlights from the survey:  54% of divorced respondents said it was easier to manage finances after a divorce, compared to while... View Article

Spousal support calculation error in British Columbia case

On Behalf of Porter Ramsay LLP | Jun, 15, 2022 | Family Law

The British Columbia Court of Appeal recently heard a case regarding a claim that spousal support was miscalculated in prior rulings. The appeal claimed that the calculation had been based on shared parenting when in fact one parent was given primary custody. The payor parent asked for the calculation to be reconsidered given the circumstances. Despite initial rejection of his application, he was successful in doing so.  The original calculation was put in place by a judge in Jan. 2021. During this matter, the wife was given spousal support of $1,750. The wife was also given primary parenting. The husband... View Article

Who qualifies for spousal support?

On Behalf of Porter Ramsay LLP | May, 02, 2022 | Family Law

One of the most challenging aspects of post-divorce life is finding financial security on a single income. For this reason, it may be appropriate for a spouse facing divorce to seek spousal support. In British Columbia, some former partners even qualify for spousal support if they were not married. However, they have a limited amount of time to apply for this benefit after a separation.  Seeking support you deserve According to the Family Law Act, partners who were married or who lived together in a marriage-like relationship for two years or more may seek spousal support. However, it is important... View Article

A parenting plan does not have to be a battle

On Behalf of Porter Ramsay LLP | Apr, 18, 2022 | Family Law

Ideally, parents who go through a breakup will place the well-being of their children above every other concern. For this reason, they are more likely to set aside their differences and work together to create a parenting plan that is in the best interests of the children while still fitting within their unique circumstances. This can be a challenge, but the alternative is working with court-appointed counsellors or leaving those important decisions to the British Columbia family court.  Since parents are not always eager to relinquish such delicate and personal decisions, many opt to create their own parenting plans. Where... View Article

Considerations when setting up a physical custody schedule

On Behalf of Porter Ramsay LLP | Feb, 04, 2022 | Family Law

Successful co-parenting takes effort and planning. One of the issues that is extremely important to research, carefully consider and plan in detail is the child custody schedule. This is a key part of a co-parenting plan. Done correctly, a custody schedule can help to create a predictable situation for children that can help them adapt to the new circumstances and give parents the custody to which they are entitled. Here are some things to think about when allotting parenting time, working out a visitation schedule, or determining rotations in a shared custody scenario: The ages of children: Younger children may... View Article

Four types of co-parenting “loyalty traps” to avoid

On Behalf of Porter Ramsay LLP | Sep, 17, 2021 | Family Law

For couples with children, co-parenting can be one of the most challenging aspects of a divorce. Even if there is conflict, resentment or other negative feelings from the breakup, it is important to do all one can to avoid putting children in the middle. One thing parents should be careful to avoid when co-parenting is “loyalty traps.” Loyalty traps can cause emotional and mental strife for children, and if taken too far, they could be considered alienating under British Columbia family law. Loyalty traps are situations parents put children in that, often unintentionally, make them feel like they have to... View Article

How to buy out the family home during a divorce

On Behalf of Porter Ramsay LLP | Aug, 19, 2021 | Family Law

Property division is one of the most complex aspects of divorce. One piece of property that can be particularly contentious in British Columbia breakups is the family home. While many couples opt to sell the home and split the profits in a divorce, this is not the only option. An alternative solution is for one former spouse to buy out the other’s interest in the property. When negotiating a buyout in mediation, individuals should consider the following details: The value of the house: Couples need to agree on the value of the property. This usually involves hiring a real estate... View Article

What are the grounds for divorce in British Columbia?

On Behalf of Porter Ramsay LLP | May, 14, 2021 | Family Law

A married couple who realizes their union no longer works may decide, after much soul searching, to file for divorce. Often, this comes after painstaking measures, such as counseling or couples therapy. If even these steps did not mend the rift between you and your spouse, you may already be thinking about the positive aspects of a post-divorce life. However, how do you start on that journey?  In British Columbia, couples must follow certain guidelines before the courts will grant a divorce. These steps may seem long and frustrating, but the government has put them in place to protect the rights of spouses and to minimize... View Article

What is a postnuptial agreement?

On Behalf of Porter Ramsay LLP | Mar, 17, 2021 | Family Law

Most people are familiar with the concept of a prenuptial agreements or “prenups,” which helps set certain parameters for issues like property division in advance of a marriage. A lesser known family law tool, but one that can be equally helpful, is a postnuptial agreement. These are agreements solidified after marriage, and can be considered by British Columbia courts when decisions are being made in the case of a divorce. Postnuptial agreements for couples who have signed a prenuptial agreement One common use for a postnuptial agreement is to adjust the terms of a prenup when circumstances have changed. While... View Article

How to get organized ahead of divorce

On Behalf of Porter Ramsay LLP | Feb, 17, 2021 | Family Law

Sometimes, a divorce is a sudden decision or surprise initiated by one spouse. Other times, British Columbia marriages end more slowly and predictably, and spouses take some time to consider their options before calling it quits. Regardless of whether one knows a divorce is coming well in advance or is left dealing with it more suddenly, getting organized is a key first step. While it can help to get everything together before presenting any paperwork, even those who are in a sudden divorce can put themselves in a better position by prioritizing these steps right away when they know a... View Article