When it's over, it's over -- well, not entirely for some couples. British Columbia couples who have separated and have decided to divorce have things under family law to figure out -- things like the division of property. But for some couples, living apart is not an option right away. Maybe people need to stay under one roof for financial reasons or perhaps they've made the decision to stay in the same home for the sake of the children.
One of the most nerve-wracking and emotional experiences in life is going through a divorce. Family law in British Columbia makes the rules under which divorce falls. These rules also cover the family home. Some couples may wonder what happens to the home -- especially when there is a mortgage involved. The first question that needs to be answered is whether the home will be sold or whether one person intends to stay; but the decision hinges on whether the individual choosing to stay would be able to qualify for a mortgage on his or her own.
Thousands of benefits could be at risk with the revamping of the term, shared-custody parent. The federal government recently introduction draft legislation that would change family law regarding what shared custody means. British Columbia parents could be affected by the legislation since a shared-custody parent would have to live with his or her children at least 40% of the time every month.
Good faith goes a long way when trying to sort out family issues through litigation. When both parties want to see a contentious family law issue sorted in British Columbia, the worst way to go about doing that is approaching litigation in bad faith. Approaching a problem negatively can cause added problems for everyone involved and those problems can be emotional as well as financial.
When divorced parents live in two different countries, decisions regarding children can be difficult. Family law judges in British Columbia have based their decisions regarding children's living circumstances on parental intentions and circumstances, but that may all be changing. The Supreme Court of Canada recently said that these cases should be looked at taking all relevant circumstances into consideration.
Many parents don't realize that a family court can appoint a lawyer for their infant children. Under family law in British Columbia and other provinces in the country, a lawyer for children can be appointed when child protection is an issue. There are times when the parents' consent is not required, especially when the children are involved in contentious divorce or custody proceedings.
Love and marriage. Divorce and mortgage. The rules that govern the marital playing field are fuelled by family law in British Columbia. Homeowners who have decided to divorce may be wondering what happens with their mortgage if they're carrying one. In most provinces, assets acquired during the marriage are divided equally between the partners, and that holds true for a matrimonial home.
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.
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.
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.