The current COVID-19 crisis has placed us in a position most of us have never been in before. This statement certainly applies to recently separated parents and this is raising new questions and problems regarding parenting after separation. It is not uncommon for parenting disputes to arise out of disagreements over healthcare decisions. Often parents…
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Family Law
Separation Agreements
TagsArticles, Family LawOne of the first questions that comes to the minds of people that are recently separated is how to document any agreement between them and their former spouses on issue such as the division of property, care and time with children, child support and spousal support. Often referred to as separation agreements, these documents formalize…
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Helpful or harmful? The use of recordings in family law proceedings.
TagsArticles, Family LawCan you use recordings in family law proceedings? Can you? Yes. Should you? That’s not as easy to answer. While courts may allow audio or video recordings of private conversations to be admitted (subject to the general rules of evidence, and subject to whether the prejudicial effects of the evidence outweighs its probative value), the…
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How can I ensure my safety when leaving an abusive spouse?
TagsArticles, Family LawUnfortunately this is not an uncommon statement heard by many family lawyers. Both men and women are forced to stay in an unhealthy and abusive relationship because they fear what will happen to them or their children if they attempt to leave. What are your legal options in these circumstances and what can a lawyer…
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A Commentary on Powell v Powell — Company Property or Family Property?
TagsArticles, Family LawWritten by Michael Sinclair, Partner & Nikita Gush, Articled Student Many business owners wonder how their business will be affected by their separation or divorce. They are concerned to what extent their family law proceedings could intrude on the operation of their business. Recent case law has shed light on the issue of how the…
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Money Saved or a Fool’s Bargain
TagsArticles, Family LawIs it wise to negotiate your own family law settlement? Sound investment advice includes spending money on the right things. Where spending money stands to either make you money or save you money in excess of the amount spent, that is normally a wise investment. Many people negotiate their own resolution to family law issues…
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The Trouble with Joint Accounts
TagsArticles, Family LawJoint ownership of accounts between spouses is common and, in the majority of cases, advisable. However, we are frequently asked by clients if they should add an adult child to their bank accounts. This is almost always ill-advised. Joint ownership often comes with the “right of survivorship”, meaning that when one account owner dies, the…
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What Is A Testamentary Trust?
TagsFamily Law, Wills & Estate PlanningYou can spend your entire life building an estate. Naturally, you may find yourself wondering what might happen to the wealth you have built and who should inherit it once you’ve passed away. Creating a testamentary trust is an easy way to give yourself peace of mind and ensure that your estate and your loved…
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What Happens to My Children If I Pass Away?
TagsArticles, Family LawOne of the main reasons parents reach out to our team of lawyers is to gain insight and professional advice for their their estate planning. Every parent has a strong desire to ensure that their children are cared for in the event of an untimely passing. The birth of a new baby or an adoption raises…
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Prenuptial Agreements Are a Must- Here’s Why
TagsArticles, Family LawDespite the increased risk of not having a prenuptial (or “cohabitation”) agreement, relatively few people obtain one with their partner. Given the awkward conversation that this necessarily involves, not entering into an agreement can perhaps be understood- but it is definitely not advisable. Major Changes in BC Family Law Act There were two key changes…
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