Categories for Family Law

Family law: Sharing may not always be wise during a divorce

On Behalf of Porter Ramsay LLP | Jul, 03, 2018 | Family Law

Sharing in divorce doesn’t always end up well. A British Columbia man who  agreed to split his Canada Pension Plan credits 50-50 with the wife he was divorcing after 30 years of marriag has realized this. Marriage and divorce laws are provincially mandated and even though credit splitting with former spouses in British Columbia is not mandatory as it is is most provinces, this couple decided to share their accumulated CPP credits anyway. In this case, the man worked for more years and contributed more money to the plan than did his former wife. What he didn’t know, however, is that... View Article

A Special Type Of Property

On Behalf of Porter Ramsay LLP | Jun, 07, 2018 | Family Law

When a British Columbia couple decided to part ways, they found themselves enmeshed in an unexpected custody battle. While they shared parenting responsibilities for their children, it was the family’s Golden Retriever that was the source of contention. As pet-loving people will tell you, dogs have a wonderful way of finding a permanent place in your heart. Unfortunately, if a family unit dissolves, the question of who gets to take the canine companion isn’t always cut and dry. While pet parents may argue otherwise, dogs are not family in the eyes of the law. When it comes to figuring out... View Article

Family law: Responding to a divorce petition in British Columbia

On Behalf of Porter Ramsay LLP | Apr, 10, 2018 | Family Law

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... View Article

Family law: Negotiating in a divorce situation

On Behalf of Porter Ramsay LLP | Mar, 26, 2018 | Family Law

When two people who have decided to part ways have to sit and agree on who gets what and who does what, it can pose a bit of a problem since it’s likely that part of the reason for the split is lack of communication and not being able to see eye to eye. So, when it comes down to negotiating in a divorce situation, both people would do well to keep some advice in mind. Family law in British Columbia may provide some helpful tips when making decisions that could affect everyone involved. Attorneys acting as mediators are there to... View Article

Family law: Divorce isn’t all negative for children

On Behalf of Porter Ramsay LLP | Jan, 31, 2018 | Family Law

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... View Article

Child custody: what it means and how to get it

On Behalf of Porter Ramsay LLP | Oct, 30, 2017 | Family Law

There are many issues that may come up if you are navigating the process of divorce. Children are often the first and biggest concern. While there are implications specific to any given case that a lawyer may be able to guide you through, they can generally be encompassed in three larger points. 1. What is encompassed in “custody”? Though “custody” is often used to mean “residency,” as in who the child will live with for the most part, it actually means “decision-making power.” This can encompass decisions ranging from where the child will go to school to if a child... View Article

The escalation of “grey” divorce in Canada

On Behalf of Porter Ramsay LLP | Sep, 14, 2017 | Family Law

There used to be a time when marriage meant “til death do you part.” Even when problems arose, couples stayed married under any circumstances rather than go through a divorce. Today, however, it seems even those who have been married for many years are realizing that when it’s over, it’s over. The trend has resulted in a steady rise in “grey” divorce rates all across Canada, including British Columbia. Divorce among the senior set – those 50 years of age or older – is on the rise and dramatically so. Statistically, it seems that women are taking the lead in... View Article