Archive for year: 2015

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Property division rules for common-law couples in B.C.

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Monday, March 23, 2015.

More and more couples in British Columbia are choosing to live together without getting married. Government statistics reveal that the growth rate of common law families is three times that of families with married parents, and this demographic trend was one of the primary reasons that legislators passed the Family Law Act in 2011.

One of the key components of the Family Law Act addresses the rules concerning property division for common-law couples. Assets of cohabiting couples who have lived together for at least two years are now treated in the same way as the property of married couples, and these assets will generally be divided equally if the couple separates. As with married couples, the rules apply to property acquired during the relationship and not to property that was owned beforehand, and common-law couples are free to enter into agreements if they wish to establish different criteria.

Before the passage of the Family Law Act, common-law families in British Columbia faced the prospect of lengthy and potentially costly litigation if they were unable to reach an amicable agreement regarding the division of their assets. The law also brought the family law in the province into line with estate and income tax law, which already treated married and unmarried couples in the same way.

Discussions over property division often become contentious, and the sentimental attachments formed with certain assets. An experienced family law lawyer may be familiar with the issues that might make arriving at a compromise difficult, and they could recommend mediation or private negotiations to help couples reach an amicable agreement. When necessary, that lawyer might suggest litigation as a possible resolution to a dispute.

Real Estate Lawyers in Coquitlam BC

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca/

Company offers couples divorce insurance

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, March 17, 2015.

When most couples tie the knot, they generally do not plan to get divorced at some point in the future. As a result, a large number of married couples fail to plan for the possibility of the end of their marriage. Divorce insurance, a type of insurance that provides individuals with financial payouts in the event of a divorce, may be an effective way for British Columbia residents to avoid the overwhelming legal bills often associated with the end of the relationship.

According to Statistics Canada, in 2008, 38 percent of couples ended their marriages before their 30th anniversary. Although the concept of divorce insurance is not particularly romantic, it is often practical, and the financial protection it provides may come in handy. SafeGuard, the North Carolina-based company and the sole provider of this type of insurance, known as WedLock, hopes to eventually provide couples with benefit payouts when they reach their 25th anniversaries.

Divorce insurance is different from a prenuptial agreement, and this form of insurance can be worked into such an agreement. The developer of WedLock stated that he is not promoting divorce. He believes that since cars, homes and the well-being of individuals are often insured, it seems obvious that marriages should be provided with financial protection as well.

While divorce insurance may augment an individual’s financial situation during a divorce, the process can still be difficult. When couples divorce, they often have to deal with subjects like child custody, property division, and alimony. Since a lot is at stake when it comes to these subjects, it is not uncommon for spouses to work with a lawyer to protect their interests. By working with legal professionals who understand the technicalities of family law, individuals can work towards the results they desire.

Coquitlam BC Real Estate Lawyer

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
https://www.laughlinlaw.ca

Property division in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Thursday, March 12, 2015.

When a person is preparing to get a divorce, it is important for him or her to think critically about how the property that has been accumulated will be divided. In addition to the division of property, divorcing people should also expect that their debts will be divided as well.

An important first step to take in preparation is to fully account for all of the assets, income sources and debts held by each spouse as well as those held jointly. People may then arrive at an idea of their worth by subtracting the debts from the value of the assets. Doing this may provide a basic idea of the amount that might be expected upon the property division.

It is important for people to think carefully before agreeing to give up their interest in such things as retirement accounts or pensions in exchange for other assets. Pensions and retirement accounts may be much more valuable when a person reaches their retirement age, and evaluating any proposed agreements should account for the present value and the future expected value of the portion that would be received. Finally, people should gather all of their financial documents in preparation for filing, including account statements, bills, deeds, titles and tax returns, as all will be needed during the divorce.

Divorce can be highly emotional and difficult, but it is important for divorcing people to take an organized and reasoned approach in order to protect their interests. Property division may be very complex, requiring valuation of assets and appraisals. Understanding the current and future value of assets that are held could help in protecting one’s rights and interests in the future. A person who is divorcing may want to bring their financial paperwork when meeting with a family law lawyer for help.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

What is considered a special expense for child support?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Friday, March 6, 2015.

British Columbia parents may be interested in some information regarding child support payments beyond those mandated by the federal child support guidelines. These expenses can cover a number of things to support the child, including medical expenses and other important costs.

While the federal child support guidelines outline a child support formula that covers a child’s everyday expenses, certain costs may be considered “special expenses” and require a separate agreement between the parents. According to the guidelines, special expenses are those beyond the basic child support that are necessary in order to support the best interests of the child and that are considered reasonable given the financial status of the parents. For this second definition, the expenses must be similar to those that were made prior to the parental separation.

Examples of reasonable special expenses include medical and dental insurance, child care expenses and extracurricular activities. Primary, secondary and post-secondary education expenses may also be considered reasonable special expenses. The parents are usually tasked with agreeing on what special expenses are allowed. The child support agreement between the parents can even anticipate special expenses that will begin at a later time in the child’s life. If the parents cannot agree on special expenses, however, they may appeal to a judge or take the dispute to a mediator or lawyer for assistance.

Due to the fact-specific nature of child support issues, this post should not be taken as legal advice. Understanding the legal aspects of child support can be difficult without the assistance of a lawyer who may be able to analyze the client’s financial situation and determine what a fair child support agreement would look like. The lawyer may then be helpful in negotiating this agreement with the other parent.

Source: Department of Justice, “The Federal Child Support Guidelines: Step-by-Step,” Accessed March 5, 2015

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Mediation: An effective means of solving family law matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, February 26, 2015.

Mediation has been used by families in British Columbia for several years and has become a preferred means to decide important issues such as property division and child custody. In order for spouses to achieve the best possible outcome from mediation, it is important that both parties act in good faith.

The mediator will function as an impartial person and will work to understand the concerns of both parties. In other words, the mediator will focus not only on what a person wants, but why he or she wants it. With this understanding, the mediator may help both parties find creative solutions that will meet their needs, as well as their children’s needs. If the mediation process is successful, both parties will come away with a legal agreement that they can live with for a long time.

Mediation is a voluntary process, and spouses are free to end mediation and take the case to court. If the parties complete the mediation process, it is a good idea for both parties to have a lawyer review the resulting settlement. This may help to ensure that the interests and rights of the spouses are protected.

Mediation has grown in popularity because it is an effective and efficient means of resolving family law issues. However, mediation does not guarantee that the resulting agreement will be fair. A lawyer may represent an individual during the mediation process to make sure that his or her rights are being protected. To learn more about the mediation process and why it can be an effective tool for creating a divorce agreement, visit our website.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

How divorce affects a person’s income tax

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Wednesday, February 18, 2015.

Readers who are considering divorce in British Columbia may be wondering how their income tax might be affected once the divorce is finalized. The answer to this question may be complicated, depending on the person’s situation. For example, as part of the division of property, a residential property might be sold. The property could be designated as the primary residence, which would allow the owner to shelter the capital gain generated by the sale from tax.

If a couple owns more than one property, such as a condominium in the city and a cottage in the country, it may be possible to shelter a portion of the capital gain tax on each property by declaring each one a primary residence for a portion of the total time that the couple owned the properties. This protection from taxation is due to the principal residence exemption provided in the tax code. However, a homeowner or family unit can only designate one property per year as a principle residence.

If a divorce occurs, any tax-shielding years claimed by the couple will still apply to the individuals. For example, a family that owns two properties for 10 years and sells one may apply the exemption to that property. If they divorce, one party may take possession of the second property. If that person chooses to sell that property after five years using the exemption, they will still be required to pay taxes for the other ten years that the property was owned before the divorce because those years were claimed previously.

Individuals who own multiple properties, stock portfolios, retirement accounts and other assets may face difficulties in assessing, valuing and dividing their complex estates. A lawyer with a background in high-asset divorce may have in-depth knowledge regarding the complexities of this type of property division. Throughout the divorce process, a lawyer may work to protect an individual’s interests and ensure that the finalized divorce agreement is equitable and fair.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Interim division of property prior to a final divorce order

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Thursday, February 12, 2015.

When a couple in British Columbia chooses to divorce, both parties are considered responsible for martial liabilities and entitled to marital assets, according to provincial statutes. Prior to the finalization of a divorce order, each spouse is entitled to apply to the courts for an order for an interim distribution of marital, or family, property. If granted, the order can provide funds to pay for legal proceedings, dispute resolution or to obtain evidence or information in support of an application to a court or dispute resolution.

In addition, the court may make an order that grants a spouse use or possession of the specific personal property, which is stored at the family residence, or exclusive occupation of the family residence. Such an order will be granted for a specific time and can apply to either leased or owned property. A spouse is not permitted to make significant alterations to the property during that interim period. Additionally, the court may order the postponement of any planned sale or partition of the property while the interim order is in effect.

An interim order can help provide financial stability for a spouse until the divorce agreement is finalized. A lawyer with a background in divorce cases can explain how an interim division of property order may be obtained and could help with the application process. Once the order is put into place, the spouse can move on with the divorce process.

A lawyer may also help negotiate a fair divorce agreement that is in the best interest of the spouse and his or her children. Once an agreement has been reached, it might be subject to approval by a judge. In most cases, judges will support an agreement as long as both parties are in favor of it.

Coquitlam BC Real Estate Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca/

Parenting arrangements and extraprovincial orders

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, February 5, 2015.

When a custody case is being filed, one of the first considerations is finding the appropriate jurisdiction. Even if a child has recently relocated to British Columbia with his or her parent or parents, if the move has been recent, the appropriate jurisdiction to hear the matter may be the child’s former province of residence.

A court outside of British Columbia having jurisdiction over a child custody case is termed the extraprovincial tribunal. British Columbia courts will also respect parenting arrangements and child custody orders that have been issued in other provinces or countries, provided that those orders were issued by a court having jurisdiction and that both parents had notice and an opportunity to be heard.

In the event more than one province may have jurisdiction to hear a child custody and parenting-time case, a court in British Columbia may still hear the case if the child is a resident of British Columbia at the time the application is made. The British Columbia court may also hear the case if the court finds that the child is present in British Columbia at the time of the application even if the child does not typically reside there. There must also be substantial evidence existing in BC in regards to the best interests of the child and a case must not have already been filed in an extraprovincial court.

Jurisdictional issues sometimes arise in child custody cases depending on the living arrangements of the child and the parents. When people are unclear about which jurisdiction is the appropriate for their case, they may want to speak with a family law lawyer. A lawyer may be more familiar with how jurisdiction is established for child custody and parenting arrangement cases. The lawyer may then help file the petition in the appropriate court.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Child custody and the best interests of the child

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, January 29, 2015.

In child custody cases in British Columbia, courts apply the best interests of the child standard when issuing their rulings and orders. It is important for parents to understand that the emphasis will always be on the child’s interests rather than on their own interests, wants or needs.

In making their decisions, judges consider a number of factors that are outlined in the Family Law Act. For example, the court may take into consideration the child’s health and happiness as well as their wishes. The child’s wishes will only be considered, however, if a judge determines such a consideration is appropriate.

Other factors include the relationship the child has with each parent, the history of who provided the child’s care, the child’s need for stability and whether there has been a history of family violence. Family violence may affect a custody decision regardless of it it was directed at the child or at another person in the child’s presence. Courts consider family violence to the extent of its impact on the child and how it might affects the parent’s ability to provide adequate care. Additional considerations include whether any civil or criminal proceedings might affect the child’s safety, health or happiness. Finally, courts will look at evidence regarding the ability of each parent to provide care as well as their ability to work together for the benefit of the child.

Child custody cases are often fraught with emotion and resulting conflict. By understanding how courts determine the outcome of a dispute, parents may better understand how to collect evidence and present it to support their custody request. People who are going through a custody dispute may benefit by seeking the help of a family law lawyer. A lawyer may be able to better advise clients on the evidence needed. He or she may also be able to negotiate an agreement or litigate in court.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

When is it OK to deny a non-custodial parent parenting time?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, January 23, 2015.

In certain situations, British Columbia parents may feel it is appropriate to deny parenting time to their child’s non-custodial parent despite the arrangements set forth in their divorce decree. While it may seem like they might incur punishment for withholding visitation or parenting time from the other parent, the court might, depending on the circumstances, find that a denial of parenting time was not wrongful. These exemplary circumstances are all related to the best interests of the children involved.

Guardians have a responsibility to protect their children from any harm they may suffer as a result of family violence or negligence resulting from alcohol or drug use. They may, therefore, deny parenting time to a parent whom they reasonably believe will be violent toward the child or whom they suspect has been drinking alcohol or using drugs at the time that parenting time was scheduled.

Parents who frequently fail within a 12-month period to exercise their parenting time without notice to the guardian may lose their rights to have contact with their children. In addition, parents may lose their right to parenting time if they frequently give notice that they do not intend to exercise their scheduled parenting time but then intend to exercise it without providing sufficient notice to the guardian that they changed their mind.

It is sometimes inappropriate for a scheduled parenting time to occur, such as in instances where a child is sick and needs rest to recover. Guardians who obtain a note from a doctor, nurse practitioner or other qualified medical professional may deny parenting time if the note indicates that it should not occur because of the child’s illness.

Though judges may find that parenting time was not wrongfully denied, they may decide that compensatory parenting time is appropriate. If recurring situations call for a modification to the original custody or visitation order, a family law attorney could advocate for a custodial parent seeking more custody or a non-custodial parent seeking more visitation, depending on the circumstances of the case.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370