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Recent Changes to BC’s Family Law Act
When it comes to getting married, or living in a long-term common-law relationship in the Fraser Valley, one of the most important – and most contentious – issues that a couple can face is a marriage agreement, commonly known as a prenuptial agreement. It is particularly important where one party is bringing significant assets into the relationship, often in second marriages. While discussing and forming this type of agreement can cause tension in a relationship, it is a realistic and practical step to take to prevent family law problems later on. Not every relationship goes on the way it was planned or intended. Separation and divorce sadly are distinct possibilities for many couples – and while the ending of your relationship may leave you heartbroken, a prenuptial agreement may prevent it from also leaving you broke.
Dying Without a Will by Jason Filek
There is a common misconception in British Columbia that if you die without a Will that the Government will take all of your assets. This
Limitation Act by Adnan Habib
New British Columbia Limitation Act On June 1, 2013 a new British Columbia Limitation Act came into force. The new Act replaces the existing deadlines
Wilson V. Fotsch, 2010 BCCA 226: Unjust Enrichment and Reciprocal Benefits
This case involved a common law relationship in which the parties were not married. The husband brought a claim for a declaration of constructive trust for a portion of the wife’s property. The common-law wife appealed from the husband’s successful application for a declaration of constructive trust. The parties began cohabiting in 1995 and separated in 2002. At the time the parties began living together, the wife owned a property with her mother, and her 50% interest was valued at $25,000. The wife subsequently purchased her mother’s interest and the parties lived in the home. The husband claimed to have made significant contributions, particularly in labour and improvements, to the property. He also worked in the wife’s janitorial business. In 2001 the wife sold the house for $129,900 and purchased a development property on Portage Road for $219,900. She obtained bank and other financing for the balance of the price. The husband claimed that he had contributed significant labour in improving the property and working on permits for subdivision. Throughout the relationship, the wife had worked two jobs and paid most of the family’s expenses. The husband was also employed, but his wages were not contributed to the family resources.
Importance of Properly Drafted Family Law Documents
Bill 16 has recently been introduced into the Provincial Legislature which proposes the introduction of the new Family Law Act. One of the dominant features of the new bill is how it changes the “best interests of the child” test in parenting decisions from the paramount consideration to the only consideration. The new Family Law Act created by the Bill could be in force as early as the Fall of 2012. In future entries we will be discussing how this new Act affects the law in British Columbia, and how it affects your family. Below we discuss a recent family law case which illustrates the confusion that can arise in the family law context as a result of a lack of specificity in drafting a court order.
Are You Married to Your Spouse? by Cristen Gleeson
Are you married to your spouse, or do you live in a common law relationship? In British Columbia, the answer to that question largely determines the property rights and financial rights of parties when their relationship breaks down. For married spouses, comprehensive statutes such as the federal Divorce Act and the provincial Family Relations Actprovide the starting point for division of property and other issues.