Archive for year: 2017

You are here: Home / Outsized expectations may lead to will disputes in British Columbia / 2017

Divorce mediation helps separating couples stay strong mentally

/in , , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, July 31, 2017.

Couples facing divorce have much on their minds — sometimes overwhelmingly so. Separating British Columbia couples, especially those with children, must realize they need to take care of their well-being to continue to be active parents. Divorce is one of the most stressful experiences in life, second only to the death of a child or partner. Divorce mediation can make what can be a very rocky path much easier to navigate.

In a divorce situation, those involved must acknowledge that things are hard. Researchers have proved that when people understand and give their fears credence, what they think are shortcomings and what causes them shame helps them to grow in maturity and strength. Divorce mediation can be a process that strengthens separating British Columbians.

Agreeing to divorce mediation can help a couple leave the negatives of their situation at the door and deal with difficult issues like adults. Asking for this help can reduce anxiety, help the couple to develop a new, co-operative parenting strategy for their children and help them to deal with the changes that are happening in their lives. There are healthy ways to get through a divorce, and engaging in divorce mediation is one of them.

Even for couples who have the help of an expert seasoned in divorce mediation, having the help of a lawyer experienced in family law will be invaluable. Any couple living in British Columbia considering divorce mediation over litigation will find that a family law lawyer will be able to recommend a mediator. A lawyer will also provide legal counsel regarding any agreements before being signed and given to the court.

Lawyer in Coquitlam

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

Source: canada.ca, “Helping children and youth live with separation and divorce,” Accessed on July 29, 2017

Division of property may follow money disputes in marriage

/in , , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Thursday, July 20, 2017.

A child stuck in between two parents in a divorce

Getting married, or committing to a common-law relationship, is a significant life decision. The strength and stability of the basis for such a permanent connection require different bricks to provide security. One of those is open conversations about money matters. The number of divorced couples who blame their breakups on financial disputes underscores the importance of such talks. While couple’s in British Columbia start their new shared lives as spouses, they might not realize that conversations about the division of property may follow soon if they fail to establish a firm financial understanding.

Advisors say stress and arguments about money can be avoided by discussing the following matters before the marriage or moving in together. Talk about the financial goals and expectations of each spouse. If one is frugal and avoids spending money while the other party loves restaurant meals and expensive clothes, disagreements are sure to follow if no agreements are reached in advance. The financial histories of each could be discussed, with full disclosure of the debts each party will bring into the relationship.

Each spouse must know the income of the other, and agreements about whether they will pool their incomes, or keep them separate is best resolved before the case is taken to child custody court. Couples who have no financial secrets and precise guidelines about how they will handle marital incomes and expenses are said to be less likely to disagree about money. Even those who are at different ends of the scale when it comes to financial personalities may be able to agree on workable money management plans for the family.

However, any British Columbia person who is the victim of a marriage that did not survive financial disputes may find that the division of property may be equally contentious. An experienced divorce lawyer may the appropriate person to provide support and guidance during this challenging time. A lawyer may even arrange divorce mediation that may help the spouses to agree on a settlement that will save time and money.

Lawyer Coquitlam, BC

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

Source: globalnews.ca, “5 financial facts every couple should know about their partner before getting married“, Dani-Elle Dube, Accessed on July 15, 2017

Couples can specify division of property wishes in a contract

/in , , /by
Two parents disagree in an argument

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Thursday, July 13, 2017.

More and more British Columbia couples enter marriages with already acquired assets in their respective names. For this reason, signing marriage contracts are becoming a more accepted process than what it was years ago. Marriage agreements give both parties the opportunity to discuss goals, expectations, and plans for the future. The contract will contain their agreements related to the division of property in the unfortunate event of a divorce, and although that is a thought often rather avoided, getting it out of the way can provide peace of mind.

British Columbia has laws that provide guidelines for property division by the court. Couples who want to create rules that differ from those that will apply under the province’s family law can do it by drafting a marriage or cohabitation agreement. However, advisors suggest people must not sign such a contract before fully understanding the legal requirements and applications of it.

Such a contract will determine how assets gathered during the marriage or common-law relationship will be divided upon separation — also in the event of one spouse passing away before separation. The income, debts, and assets of each partner must be fully disclosed, and the signing of the contract must not take place on the eve of the wedding. Each spouse must fully understand the contents of the contract and the consequences of signing it.

The court will also prefer each spouse to have independent legal counsel when signing a marriage agreement. All the plans worked out for the division of property can be disregarded by a British Columbia court if it finds the marriage contract to be invalid. This can happen if the court finds that one spouse did not provide full financial disclosure or if one party can show that he or she did not fully understand what the agreement entailed. A marriage contract that was not signed well in advance of the wedding ceremony can indicate coercion or duress, in which case it can be declared invalid.

Got any family law questions? Contact our family lawyers in Coquitlam:

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

Source: business.financialpost.com, “What you need to know before you say ‘I do’ to a marriage contract“, Laurie H. Pawlitza, Accessed on July 7, 2017

Changing circumstances may justify child support modification

/in , , /by

A father holds his young child in his arms.On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, July 5, 2017.

British Columbia authorities recognize the fact that circumstances change in the lives of divorced parents and allow them to petition the court to make certain modifications under complex child custody rights. If a parent who has to pay child support becomes unemployed has significant unanticipated medical expenses or for any other reason becomes unable to comply with a child support order, he or she may seek a modification of the court order. However, this is not easy, and it will require ample proof to be provided to substantiate a claim of undue hardship.

Another instance that may lead to a request to end child support is when a child becomes self-sufficient. British Columbia regards children to be old enough to care for themselves once they turn 19 years old. That is called the age of majority, and a parent’s child support obligations typically end at that time. Some circumstances may require the continuation of child support payments beyond a child’s 19th birthday. These include a child that continues to be a full-time scholar or one who is ill or disabled.

However, the court will allow child support payments to stop before the age of majority if he or she becomes independent and no longer needs parental care. Such circumstances could include the child moving in with somebody who provides for him or her, or if the child leaves the family home with no inclination to return. A child who lives separately and has employment that enables him or her to live without financial assistance from his or her parents before turning 19 is independent, and the court may cancel the child support order.

A British Columbia parent who has a court-ordered child support responsibility may not decide to stop paying without the court’s permission. For any changes to child support, or to cease payments, the parent must go to court and provide substantiating proof that a child has become independent or that changed circumstances would cause undue hardship if child support payments continue. This is a complicated field of the law, and the support of an experienced family law lawyer, like Laughlin Law, may ease the process and lead to an acceptable new arrangement.

Family Lawyers Coquitlam

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

Source: bc.familieschange.ca, “Are there exceptions to how much a parent has to pay?“, Accessed on June 30, 2017

High-asset divorce need not be a high-priced process

/in , , /by

A highlighter outlines the word 'divorce'On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Tuesday, June 27, 2017.

When wealthy British Columbia residents file for divorce, they typically have different concerns than those with more typical incomes. For most people, the costs of a divorce are the primary concern, and litigation is often too expensive. When it is a high-asset divorce, the process is usually affordable, and the concerns of both parties are often more focused on protecting their wealth.

However, even a high net-worth couple can limit the costs of a divorce if they are able to avoid litigation. Collaboration or mediation are alternatives that allow divorcing couples to maintain control of the outcome — something that may be lost if the judge is the one to make important decisions that can affect post-divorce financial stability. The level of a couple’s wealth should not determine their ability to negotiate contentious issues and compromise when necessary.

Another process that can save significant amounts if avoided is valuation battles. Going to court to fight these battles can ruin anyone’s finances, while the services of forensic accountants can obviate the need to litigate. Spending thousands of dollars to seek hidden funds is also best avoided unless there is definite proof rather than gut feelings.

The truth is that any British Columbia couple committed to resolving their divorce issues without litigation may be able to save hundreds of thousands of dollars along with a lot of time and trauma. However, a vital ingredient in this recipe is an experienced divorce lawyer who is skilled in navigating a high-asset divorce. Such a professional will have the necessary resources to get valuations and assessments done. These may include forensic accountants, tax advisors, realtors and more.

Check us out if you have any questions about family law:

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

Family Lawyers in Coquitlam

Source: theglobeandmail.com, “Note to wealthy people considering divorce: Stay out of court“, Danielle Boudreau, Accessed on June 23, 2017

Parenting coordination may limit child custody disputes

/in , , /by

A dictionary opened to the word 'divorce'On behalf of Laughlin & Company Legal Attorneys posted in Child Custody on Wednesday, June 21, 2017.

The fact that divorced British Columbia parents presented a parenting plan to the court and had it approved does not mean all will proceed smoothly. Life is full of unexpected turns and events that may require modifications or adjustments to carefully devised schedules and plans. While parents may find it easy to cope with minor changes to their child custody and parenting plans, modifications that are more complicated may lead to disputes or contention.

It is in times like these when the responsibilities of a family lawyer such as those at Laughlin & Company Lawyers Mediators can be invaluable. They focus on resolving child-related issues by providing divorced parents with a platform for mediated negotiations. In most cases, their skilled guidance leads to compromise and the development of adjusted parenting schedules that suit both parents while still focused on the best interests of the child.

However, some issues can cause ongoing conflict between former spouses. These may involve extracurricular activities, contact with extended family members and other unanticipated events. Laughlin & Company can arrange parenting coordination to shield conflicting parents from each other by acting as a barrier when they express their opinions. A parenting coordinator facilitates communication and aims to help families learn how to work through day-to-day issues without antagonism.

Divorced couples in British Columbia may find that the professional but personalized approach of the legal team at Laughlin & Company Lawyers Mediators can help them master the skills of negotiation through communication and compromise. Many find this to be empowering, knowing that they can manage to resolve day-to-day parenting issues that are common in any family. With such professional guidance, child custody issues need not jeopardize post-divorce parent-child relationships.

Family Lawyers Coquitlam, BC

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

Choosing the right facilitator for divorce mediation is important

/in , , /by

Two partners stare away from each other in an argument.On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Tuesday, June 13, 2017.

The dynamics of every divorcing couple in British Columbia are unique, and more and more people choose to be in control of important decisions rather than leaving it up to a judge. However, not everybody can deal with all the issues without the negativity that often surrounds divorce negotiations. For this reason, the choice of the facilitator of divorce mediation, like Laughlin Lawyers, is important.

The sole purpose a divorce mediator is to provide a platform for peaceful negotiations between divorcing spouses, and he or she may not provide legal advice. The issues typically discussed in mediation are similar to those dealt with in court. Couples can either have a judge decide on matters such as asset distribution, spousal support, parenting and visitation and property settlement or leave negatives about their marriage behind and deal with contentious questions in an adult manner.

The success of divorce mediation often depends on securing the services of a suitable mediator. Some may appreciate a directive mediator who will explain what will likely be approved by a judge and then propose solid resolutions of conflicts, leaving the divorcing spouses to choose one of the options. Other couples may prefer a mediator who would empower them to make their own decisions. This mediator will encourage communication — and compromise when necessary — and use skilled discussions and questioning to guide couples to mutual agreements.

Even with the help of a skillful mediator, an experienced divorce lawyer for each party will be valuable assets. Any British Columbia resident who is considering divorce mediation rather than litigation may find that his or her divorce lawyer can recommend a suitable mediator. Along with providing helpful input during mediation, legal counsel can go through any agreements before they are signed and presented to the court.

Coquitlam, BC Family Lawyers

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

Source: gailvazoxlade.com, “Mediation“, Gail Vaz-Oxlade, Accessed on June 9, 2017

Questions? Ask a legal question to the experts at Laughlin & Company today by visiting our contact page!

Child Custody: Can technology aid parent-child relationships?

/in , , /by

The definition of child custody.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, June 6, 2017.

Following a divorce in British Columbia, circumstances often cause one of the former spouses to relocate. This could be difficult for children who may then have little contact with the parent who moved away. However, with the accessibility of the internet, it might be a good idea to work out a communication schedule for video calls as part of a child custody agreement.

A professor in another province has launched a study to evaluate the manners in which technology such as the internet could benefit parent-child relationships when distance or child custody rights is a problem. Data is being collected byways of a survey to study the pros and cons of FaceTime, Skype, and other communication technologies when it comes to dissolution of marriages. The objective of the study will be to build reference material for judges and lawyers, mental health professionals and others who deal with divorces and long-distance parenting.

While the study will provide conclusions, the professor predicts that these communication options will prove to be of significant value in maintaining relationships between parents and children who live far apart. However, she believes that the potential remains for children who were victims of abuse or domestic violence to be subjected to ongoing abuse and control via the avenues offered by this technology. For this reason, some control measures will have to be developed.

British Columbia parents who are separated by great distances from their children after divorce may want to establish an internet communication plan. With the help of an experienced family law attorney, the child custody agreement might be reviewed, and through further negotiations, both parents may establish a workable plan. The lawyer can present it to the family court, and if the court finds the arrangements to be in the best interests of the child, it may modify the existing court order.

Family Attorney Coquitlam

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

Source: FindLaw Canada, “Study will examine use of technology in child-parent communication during divorce and separation“, Alexia Kapralos, Accessed on June 2, 2017

Division of property in common law relationships a challenge

/in , , /by

A gavel and a book.On behalf of Laughlin & Company Law Corporation posted in Division of Property on Wednesday, May 31, 2017.

In British Columbia, any couple who lives together as a husband and a wife is treated in the same way married couples are treated. The number of people choosing to live together rather than get married increases every year. Cohabitating couples have children together, and some even buy homes together. However, the division of property in a common law breakup could be complicated.

Some say purchasing real estate is less of a commitment than marriage because it is easier to get rid of a house than it is to end a marriage. Although a common law marriage is legally accepted in certain contexts, it does not provide an automatic right to property. Married couples are considered partnerships, regardless of how they manage their finances. When a couple breaks up, all assets acquired during the marriage are divided, regardless of the individual contributions of the spouses.

This is more complicated with common law relationships that end — especially those that are acrimonious. Matters that will be considered include whether the couple had separate bank accounts and how long they cohabitated, among other issues. The manner in which the court typically determines the division of property in a common law marriage is more like an accounting exercise than an equal division of a partnership. When it comes to the house, it will be each partner’s contribution that will determine how it will be divided.

Common law spouses in British Columbia who are considering ending their relationship typically have many unanswered questions about their rights. The division of property could be an especially contentious issue if it is the end of a long relationship. The most practical step might be to consult with an experienced divorce lawyer who can provide answers and evaluate the circumstances, as well as offer ongoing support and guidance throughout the legal proceedings.

Coquitlam Family Attorney

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

Source: business.financialpost.com, “When the only ring is on your keys: What common-law couples should know before buying a house together“, Danielle Kubes, May 26, 2017

Division of property can be recorded in domestic agreement

/in , , /by

Hands hold together a family tightly.On behalf of Laughlin Lawyers & Mediators posted in Division of Property on Thursday, May 25, 2017.

British Columbia residents who are considering marriage or entering into a cohabitation relationship may find it difficult to broach the subject of domestic contracts. However, most people who make such commitments might have already accumulated some assets that will need protection if the marriage or common-law relationship ends. Without the protection of a marriage or cohabitation agreement that specifies the personal assets, some may be lost in the division of property.

Couples that get married can sign marriage contracts, and joint law partners can sign cohabitation agreements. Those entering into a second marriage typically bring many personal assets into the union. However, if, for example, the couple resides in a home that one of the two spouses owned before the marriage, the other spouse may have a claim on the property in the event of a divorce — if this was not specified in a marriage agreement. Mortgage lawyers will fight for both sides in this case, and it may end up being a long drawn process of court cases and arguments.

Another scenario to consider is a couple who moves in together, and the man verbally assures the woman that he will share all his assets with her. If they never record that promise in a cohabitation agreement and then comes the day that the relationship ends, the woman has no right to any assets that were pledged to her. Another type of domestic contract is a separation agreement that a couple can draft to record how they plan to deal with various issues that typically arise when a relationship ends. This can protect in the absence of a marriage or cohabitation agreement.

Some British Columbia couples that are considering marriage or cohabitation agreements may have questions about the legal requirements of such contracts. The most suitable step to take might be for each party to consult with an experienced family law lawyer who can answer questions and explain how such an agreement can protect the assets of each party during the division of property. The lawyer can assist with drafting a contract that will hold up in court if it is challenged.

Lawyers Coquitlam, BC

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

Source: lukesplace.ca, “What are domestic contracts?“, Pamela Cross, Accessed on May 19, 2017