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Family Law Blog

February 2017 Archives

Handling property division in grey divorce

Chances are, most people have heard about so-called "grey divorce", wherein couples over the age of 65 make the decision to end their marriages. It is a growing trend among the over-60 crowd here in British Columbia and across the nation. However, property division -- commonly one of the more contentious elements of a divorce proceeding -- can take on new aspects in a grey divorce. Given the age of the divorcees, dividing property late in life can have lasting effects on their retirement and estate plans.

Planning for property division ahead of divorce

As a general rule, couples do not get married with the intention of getting divorced at a later time. But for many British Columbia residents, the prospect of a late-life divorce is a more real possibility today than it has ever been. Given that divorce is almost always accompanied by property division, it is important for individuals, particularly women, to have a solid handle on their finances as they relate to retirement. 

Family law: travelling after divorce with a dependent child

Child support and child custody are among the most potentially contentious parts of a divorce wherein the couple has dependent children. Here in British Columbia, family law dictates specific rules and guidelines designed to help both parents and their children acclimatise to their new lives while protecting children from potential abuses. In many situations, this requires communication between former spouses, particularly in cases where one parent wishes to travel with the children. 

British Columbia family law: Grounds for divorce

Television and movies often make dramatic reference to "grounds for divorce", a list of infractions one or both spouses might commit that would establish legal precedent for the end of a marriage. Here in British Columbia, however, no such formal list exists. Certainly, family law precedents have given rise to the Divorce Act, which outlines scenarios such as adultery wherein a spouse might file for divorce. However, divorces are rarely filed under such clauses. 

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