Category

Prenuptial and Cohabitation Agreements

Persons who intend to marry or live together can make an agreement setting out what will happen if the relationship ends. A prenuptial agreement which meets the criteria for a “marriage agreement” under the Family Relations Act can be varied by the Court if it is unfair. A cohabitation agreement between unmarried partners would qualify [...]

Located in: Family Law

Child Custody and Guardianship

Custody proceedings usually involve a dispute about whether a child will live with one parent or the other, but parents may agree on any arrangement which is in the best interest of the child. Guardianship means the responsibility to make decisions about a child such as where a child will go to school or whether [...]

Located in: Family Law

Paternity

A dispute about who the father of a child may be is resolved by a finding of Paternity. Often a DNA test can determine paternity with sufficient certainty that a trial is not required. Contact Michael Eeles for more information.

Located in: Family Law

Spousal Support and Maintenance

Spousal support is often payable if there is a significant difference between the incomes of the spouses. Legal spouses and common law partners may have an obligation to pay. Where there is an entitlement to spousal support in B.C., the Court will usually refer to the Spousal Support Advisory Guidelines which includes ranges of spousal [...]

Located in: Family Law

Child Support and Maintenance

Support for children is determined by the Child Support Guidelines, which in most cases base monthly child support upon the income of the parent that the children do not live with. The Guidelines include many exceptions to that general rule as well as methods to determine income in various situations. A divorce may not be [...]

Located in: Family Law

Division of Property and Assets

Most assets of married people are presumed divided equally, but there are many exceptions to this general rule. Property for division includes: real estate, pensions, RRSPs, businesses, vehicles, investments, and other assets. Property claims between married people are governed by the Family Relations Act. Claims to property between unmarried partners are usually dealt with using [...]

Located in: Family Law

Divorce

The most common ground for Divorce is one year living separate and apart. A Separation Agreement does not end a legal marriage and does not necessarily prevent a former spouse or common law partner from making property or support claims. You should get legal advice if you have been separated from your spouse for any [...]

Located in: Family Law

A Series of Family Law and Estate Facts

1. Did you know? The Family Relations Act provides that a child may be liable to support a parent. Our courts have held that a child has an obligation to support a parent who is dependent because of age, illness, infirmity or economic circumstances. To prove entitlement, the parent does not have to show a [...]

Located in: Family Law

Dialing 911 for Spousal and Partner Disputes

The fact that there are emergency services available simply by dialing three easily remembered numbers is comforting if you have a need for medical, fire, or police assistance. You will get a call back if you hang up or get disconnected. This call back and visit process was instituted because too many callers were being [...]

Located in: Criminal Law, Family Law