January 29, 2021
COVID-19 & Family Law: does the pandemic affect the ability of families to achieve resolution?
In this age of COVID-19, a change to the way that family law disputes are resolved is needed, more than ever.
It has now been almost one year since the pandemic turned our lives and the world as we know it upside down. For the first several months of lockdown, courts in Vancouver and other parts of B.C. were closed to all matters except for emergencies. Subsequently, the courts slowly began to open by holding hearings over the telephone. Courts are currently open but are still hearing almost all matters, except for trials, virtually or over the phone.
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January 27, 2021
Child Support & Section 7 Special or Extraordinary Expenses: What are they? What aren’t they?
When parents separate, in addition to basic expenses covered by child support (such as food, and shelter), parents must determine which additional expenses they will share. These additional expenses are referred to as “special or extraordinary expenses” or “section 7” expenses, families in Vancouver who are separating rarely agree on what these are.
The Federal Child Support Guidelines sets out a list of what can be considered a special or extraordinary expense. They are:
January 26, 2021
Can you lose your excluded property if you separate from or divorce your spouse?
As I mentioned in my last post, there are eight categories of excluded property in the Family Law Act. Some common types of excluded property are:
- Property owned by a spouse prior to the spousal relationship. For example, your equity in the family home that you owned prior to becoming spouses.
- Gifts to one spouse from a third party. For example, a gift from your parent to you for the down payment of real estate.
- Inheritances received by one spouse. For example, your grandmother passes and leaves you a cash inheritance.
- Personal injury settlements and insurance settlements (not attributed to the loss of income).
A common question for Vancouver family law lawyers is: If you have excluded property, and if you and your spouse separate or divorce, you get to keep your exclusion, right?
January 7, 2021
Family Law Property Rights: an often Misunderstood and Contentious Subject
In Vancouver, family property division, family debt division and excluded property division are governed by the laws in the Family Law Act. These laws apply to those couples who meet the definition of “spouses” in the Family Law Act. Spouses are those couples who have been “living in a marriage-like relationship” for a period of two years or more.
January 1, 2021
Not living with your partner? You could still be spouses with rights and obligations under family law
If you are spouses, then family property divisions, family debt division and spousal support laws apply to you.
As discussed in my previous post which can be found here, unmarried couples must live in a “marriage-like” relationship for a period of at least two continuous years to be considered “spouses” under the Family Law Act which applies to all family law matters in Vancouver and other parts of BC.