It has been said that winning big money can change people. When one person in a couple wins a lottery or the couple themselves win and then separate or divorce later, family law rules in British Columbia will look at the individual situations. There are five cases, in particular, where the court decided lottery proceeds should be split equally.
In our increasingly globalized world, it is common for family lawyers to see marriages between two people from different countries. Once together, you understandably want to live and work in the same place, but acquiring permanent residency in Canada can be a lengthy and paperwork-ridden task. Spousal sponsorship for permanent residency, therefore, is a good avenue to take as it allows a non-Canadian spouse to remain and work in Canada. This is a great option while you're married, but what happens to your sponsorship status if you just can't work things out?
Each parent and guardian of a child has a duty to pay child support. BC's Family Law Act defines a step-parent as:
When a person owns a business in which a spouse is not actively involved, the owner may wrongly assume that the business is not shared property. In fact, under British Columbia family law, some business owners can find that their hard-built businesses are considered community property. It is a good idea to consider these legalities and to protect a business from such consequences in advance.
In the excitement of a new engagement, the topic of a prenuptial agreement can be difficult to raise. But the people who are willing to discuss this critical family law issue can find it lead to helpful conversations and important planning. While it may seem counterintuitive to discuss divorce when planning a marriage, British Columbia couples who choose to do so may find that it opens the door to better understanding and more security.
One of the common misconceptions about divorce in Canada is that a person needs "grounds" to file for divorce. The majority of British Columbia divorces are no-fault, meaning that no reasoning is required to get the separation and subsequent divorce under family law. Understanding how separation and divorce work from a legal perspective is critical for anyone seeking to end their marriage in the province.
Business owners may be used to being in charge, but in a divorce they may have less control. Family law can be complicated when it comes to businesses, especially if both spouses had a hand in their creation or if the valuation is difficult to pin down. Advance planning with marriage and shareholder agreements can help significantly to clarify these cases for British Columbia families.
When going through divorce, people face financial, legal and emotional hurdles. While many experts recommend staying level-headed and businesslike when dealing with family law issues, this can be difficult for those also dealing with feelings of betrayal, hurt, sadness and resentment. Some people divorcing in British Columbia may find it helpful to speak with a counsellor or therapist while divorcing to manage these emotional issues in a separate and constructive way.
When it comes to divorce, splitting Canada Pension Plans can be a difficult matter. One British Columbia man is learning this complexity the hard way. After contributing for over 40 years, he is only getting $338 per month after tax from CPP -- after agreeing to split the amounts with his now late ex-wife. In B.C., divorcing couples are not required by family law to split pension credits, so it is important to make an informed decision about this issue.
When a couple with children divorces, the main focus is often directed at how the kids will fare. The concern for their well-being as well as financial and custodial situations are typically prioritized.