Children are often caught in the middle of their parents' divorces. Family law in British Columbia always puts the best interests of children first. And sometimes that might mean that children of divorce may need counselling to process the changes that are taking place in their lives. But what happens when one parent doesn't agree to those counselling sessions?
When your fiancé proposes, it's supposed to be a magical moment when you plan to live the rest of your life with a person you trust. When your new fiancé proposes a prenuptial agreement, it seems anything but magical. If you never break up, why would you possibly need to make a plan for dividing up your financial assets?
A prenuptial agreement can safeguard the finances of an individual whose former spouse would have walked away with more than he or she deserved. Family law rules in British Columbia are pretty definitive on the division of assets upon the dissolution of a marriage unless a prenuptial agreement or a marriage contract stipulates otherwise. Prenuptial agreements have received a bad rap of simply being for wealthy people who want to safeguard their assets from a new spouse, but that is no longer the case.
Mark Perry recently acted for the father in T.L.M. v J.K.B, 2018 BCSC 2237. The case concerned a high-conflict dispute over parenting arrangements for the couple's young, autistic son.
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.