Excluded property is an important concept in British Columbia's family law that can impact the division of assets in a separation or divorce. It refers to property that is not included in the family property pool, which is subject to division between spouses or partners. Excluded property typically includes assets that were acquired before [...]
In British Columbia, the family law system is designed to help parties resolve disputes related to issues such as child support, spousal support, and property division. The process can be complex and require a significant amount of information and documentation, including a Form F8 Financial Statement. This legal document serves as an essential tool in [...]
If you've received a court order in British Columbia that you believe is unfair or incorrect, you have the right to appeal the decision. Appealing an order can be a complex and time-consuming process, but with the right knowledge and guidance, it is possible to navigate the system and achieve a favorable outcome. Here are [...]
Spousal support is a financial payment that one spouse may be obligated to pay to the other spouse after a separation or divorce. It is designed to address the financial imbalance that can occur as a result of marriage or a long-term relationship. In British Columbia, spousal support is governed by the Federal Divorce Act [...]
Varying a Final Order In family law, a final order is a court decision that resolves the issues in a family law case. Final orders can deal with matters such as child custody and access, child support, spousal support, and property division. However, circumstances can change after a final order has been made, and it [...]
Interim distribution is an important part of the family law system in British Columbia, Canada. It allows separating couples to divide their property and assets while their divorce or separation case is still ongoing. In this blog, we will discuss the basics of interim distribution pursuant to the Family Law Act in BC. The Family [...]
In a recent Supreme Court of British Columbia decision, Dhaliwal v. Dhaliwal, 2017 BCSC 2083, the Court dealt with this issue: [76] The claimant suggests that there should be an unequal division of property in order to account for the $86,665.13 in wedding expenses she incurred for her two daughters’ nuptials. Due to [...]
As stated in the Continuing Legal Education BC materials: Circumstances in Which Nullity of Marriage Applies Nullity actions are rare but may still be the choice of parties whose religious or cultural backgrounds make them averse to divorce proceedings. If a marriage is invalid, the only remedy is an action for nullity, not a divorce. [...]
What if I cannot afford to pay court costs? Costs are generally awarded to the successful party following the conclusion of a court proceeding. Often, costs can cause financial hardship to a litigant who has been ordered to pay costs. If costs interfere with a person's ability to provide for a child when the child [...]
Guardianship Case: Our client was in a relationship. He was not married and his girlfriend became pregnant. Unfortunately the relationship ended before their child was born. Since they were not a couple when the child was born, she would not allow him access to their child stating that our client was not a guardian. Our [...]
