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Family Law Blog

May 2017 Archives

Property division in divorce

Very few people enter a marriage expecting it to end in divorce. But with divorce rates hovering steadily at the 50 percent mark here in British Columbia and elsewhere in the nation, it is important to at least consider the potential before walking down the aisle. Property division in a divorce settlement can be very rocky for those who are not prepared for the realities of that process. 

Family law as it relates to grey divorce

While divorce is hardly unique to one particular age demographic, a surprising trend in the last decades has made its way to the headlines: the so-called "grey divorce" in which couples over the age of 50 choose to end their marriages. Family law experts point to many reasons why British Columbia residents approaching retirement age may consider divorce as an option, but the most common reason appears to be longer life spans -- individuals no longer wish to stay an additional twenty or thirty years in a marriage they are no longer satisfied with. However, grey divorce brings with it unique challenges for those who choose to undertake it. 

Family law: What factors determine spousal support?

Spousal support is a fixed amount of money paid by one former spouse to the other after a divorce -- regardless of whether the couple had children. Under family law, the federal Divorce Act that applies to couples across Canada, including in British Columbia, governs spousal support. In most cases -- although not in all -- a spouse who earns considerably more than the other is ordered to pay spousal support. However, each case is unique and treated by the family court as such.

Family law: how postnuptial agreements influence divorce

For decades, the prenuptial agreement has been a popular way for couples to lay the groundwork for their marriages before tying the knot. British Columbia residents are likely aware that a "prenup", popularized in the media largely by high-profile celebrity marriages, helps set the conditions for asset division and child custody in the event of a later divorce. However, family law experts report that more and more people are choosing a "postnuptial" or "postmarital" agreement instead. 

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