Tag Archive for: Law Firms Coquitlam

You are here: Home / Law Firms Coquitlam

Posts

Planning is a crucial step in the mediation process

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, August 12, 2016.

The mediation process is often a faster, more cost-effective method of getting through all the points in your divorce. If you are planning on going through mediation, you should make sure that you are properly prepared before you head to the first session, as well as subsequent sessions if more than one is necessary.

You must mentally prepare for the mediation session before that first session. This is a big point because how you mentally prepare can have an impact on how you handle the negotiations that are part of the process. You have to be ready to negotiate on the points that come up. Compromise is the key to mediation, so you can’t go into the meeting thinking that you are going to get your way on every point. You can’t let your emotions, such as anger, rule you during the mediation process.

Another important consideration is the financial aspect of the divorce. You need detailed financial records so that you can get moving on the property division process. Planning a budget for when you are a single person can often help you in this portion of the mediation process. Your budget lets you know what you can afford, which can help you to know if you are able to afford assets that require upkeep and have other expenses.

Make a list of the concerns that you have. By writing down your concerns, you can make sure that you have those addressed during the divorce negotiations. If you want, you can make a list of points that you think you need to hold firm on and points that you are willing to negotiate on. This can let you start your negotiations a bit higher than what you are willing to accept.

During the process, you can ask to speak to the mediator and/or your attorney in private. This might help you to discuss problems that are sensitive in nature. This also gives you the chance to get answers to any questions about your rights or obligations answered.

Source: The Huffington Post, “How to Prepare for Your First Mediation Session — Your Eight Steps Plan,” Dr. Michelle Rozen, accessed Aug. 12, 2016

Family Lawyers Coquitlam

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

Can a marriage contract address child support?

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Friday, July 8, 2016.

A marriage contract is a document that both parties sign before getting married, and it can address many topics, such as conduct within the marriage, what is to be done with assets already owned, and what happens with assets gained during the marriage. In most cases, the focus of the contract is on the financial side of things, as people want to protect their own interests so that a court ruling doesn’t force them to turn over assets in the event of a divorce.

One of the biggest financial impacts of a divorce, though, is child support. It is typically not legal to put any provisions for this in a marriage contract. The spouse expecting to get custody and payments cannot stipulate how much will be paid, and the other spouse cannot say that he or she will pay nothing.

Instead, this still has to be decided by the court. Other assets can be divided according to the contract.

The reasoning here is that the child is not actually participating in the signing of this contract at the time of marriage, and the child is the one mainly impacted by these payments. The parent does not have the right to sign away money that was intended for that child, as it would not be fair and could be detrimental to the child’s health and well-being. Any contracts containing such language may be thrown out, or that portion at least may not be used.

When setting up a marriage contract to protect assets, always make sure you know what it can legally cover and what has to be left up to the court in British Columbia.

Source: Advisor.ca, “Marriage Contracts Protect Assets,” Margaret O’Sullivan, accessed July 08, 2016

Divorce Lawyers Coquitlam

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

Can property you buy after the separation be martial property?

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, May 31, 2016.

Property division can be extremely complex, and there are many misconceptions about what is or is not marital property and therefore subject to the divorce settlement. While many people are aware that the property that either spouse bought during the course of the marriage may be considered marital property, they may not be aware that property bought after the separation date may also be subject to British Columbia’s property division guidelines.

While it may seem counterintuitive that property you buy you and your ex are already separated can be marital property, it is very possible. The determining factor is what funds you use to make the purchase. If the funding for the purchase comes from marital property, such as a joint bank account or monies from selling marital property, the item purchased can be considered part of the divorce settlement.

The best way to ensure that property you purchase during the separation period is not included in your divorce settlement is to make it very clear that no marital funds or assets were used. Money from a single bank account where only your income is deposited would be a good source. Funds that are excluded from marital property division, such as inheritances or gifts from a third party would also likely be safe.

If you are planning on making any large purchases during the separation period or have questions about property division, it’s important to get information from an experienced lawyer in British Columbia. Understanding how the courts are likely to assess your assets makes it easier to protect your financial interests.

Source: BC Laws, “Family Law Act Part 5 — Property Division,” accessed May 31, 2016

Real Estate Lawyers Coquitlam

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

Post-divorce planning: Spousal support and settlement payments

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Thursday, May 19, 2016.

High asset divorces often involve substantial settlements as well as long-term spousal support. It’s normal to get caught up in how much you will be paying or receiving, but there are other important details that you should be sure you understand before you agree to anything.

If you are the party receiving a bulk payment or spousal support payments as part of the divorce settlement, it’s important to understand how this money will affect your financial future. Planning is critical. Questions to ask your lawyer include when you should receive any bulk payments, such as your share of your ex’s retirement account, how long the spousal support will continue and what to do if your spouse doesn’t make these payments as he or she has been ordered to do.

For those making the payments, understanding the timing is also crucial. In some cases, you may need to make a bulk payment to your ex as soon as just a few weeks after the divorce. Some people think that their ex’s share of the retirement assets doesn’t get paid until the person actually retires, but this isn’t usually true. Knowing when the payments are due is just as important as knowing how much they will be.

Sometimes people get caught up in the fighting part of the divorce and don’t adequately prepare for what life will look like when the papers are finally signed. If you have questions about what your settlement means for your future or what to do if you think a proposed settlement is unfair, we can help.

Lawyers Coquitlam

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

Prepare for the decisions that come with child custody matters

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, April 29, 2016.

Child custody cases usually have very sensitive elements to them. These cases must always place the child as the priority, which is what parents usually want. Still, each parent likely has a different idea of what is best for the child. In these cases, we must come to an agreement about child custody so that you and your ex can move on with life and trying to make sure your child has a good childhood.

Just because you and your child’s other parent aren’t in a relationship any longer doesn’t mean that you can just ignore each other. Instead, you have a lifetime of working together ahead of you so that your child can thrive. Generally, you and your ex would both be the child’s guardians. This means that you will have to decide on various points about the child’s upbringing.

When you create a child custody agreement, you are making the backbone of your relationship with your child. You have to agree upon who will make the decisions about your child’s cultural upbringing, health care, and education. You also have to decide where the child will spend each holiday and where the child will live.

One of the most important things that you must remember when you are trying to work through matters relating to the custody of your child is that you have to be willing to compromise on some points. When you are preparing to start working on the custody arrangements, you should make a list of what points you will remain steadfast on and which ones you will negotiate.

Law Firms Coquitlam

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

What qualifies as an extraordinary expense?

/in , /by

On behalf of Laughlin & Company Lawyers, Mediators posted Child Support on Wednesday, March 2, 2016.

When a child support order is put in place, it takes into consideration a variety of factors. Everything from the parents’ current incomes, any annual bonuses, children either parent is already supporting not covered by the court order and the children’s expenses are all part of the calculation. While the child support order is to pay for the vast majority of the children’s expenses, there may sometimes be special or extraordinary expenses that need to be taken into account.

The most common of these is health care expenses. While regular doctor visits and routine care may not need special negotiation, things like orthodontia are extremely expensive, and it can be unfair for the custodial parent to shoulder most if not all of the responsibility for that burden. Other situations may be when a child requires ongoing treatments or care for a chronic illness or mental health issue.

It is best to anticipate these situations and go ahead and make provision in the court order at the time it is established. In most cases, the courts — if they approve the extraordinary expenses — will split the costs according to a certain percentage depending on each party’s income. However, you and your ex can also choose to split the amount 50/50 or another way and ask the courts to approve your agreement.

If you have questions about what special or extraordinary expenses may be and how to make sure these are covered with a court order, an attorney can help. Gathering more information on your options and what the law allows in British Columbia is the first step.

Source: People’s Law School, “Child Support in BC,” accessed March 02, 2016

Lawyers Coquitlam

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

Mediation and property division

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, January 29, 2016.

When a couple divorces, one of the most difficult things to deal with can be property division. If you and your soon-to-be-ex can’t stand to even be in the same room together, negotiating who gets what property can be truly frustrating.

At Laughlin & Company Lawyers Mediators, we work with our divorcing clients to minimize the stress and frustration so common in divorce. We provide a variety of options for determining property division as well as child custody, child support, and spousal maintenance. Even if you did not have a marriage agreement in place, a mediated divorce can save you time and money.

Mediation is voluntary, but it can often keep a court from having to decide who gets what. Mediators are not on one party’s side or the other — they are impartial and fair. By putting a mediator’s skills in negotiating to work, couples can come to an agreement that the court will uphold. After mediation is over, both parties are then advised to have their own lawyers review the final settlement to make sure their rights are protected.

If mediation does not work, then the matter will go before the court. The judge will divide most of the assets and debts equally. That may or may not be a fair solution for you and your ex, depending on your assets and debts.

Property division can be even more complex if there are numerous real estate properties, investments or collections that must be divided. We will work diligently to make sure you get your fair share.

To learn more about property division, please visit our webpage on this and other divorce topics.

Family Lawyers Coquitlam

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

When does a child get to pick which parent to live with?

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, January 19, 2016.

Children often have strong feelings when their parent’s divorce, and it can be very difficult for them not to feel like they have to take sides. Even when both parents are making every effort to keep the best interests of the children as the main priority, it’s normal for there to be some issues that come up as time passes.

One common issue is that the child wishes to decide which parent to live with or wants to stop visitation with the noncustodial parent. Many people are under the misconception that there is a certain age at which the courts allow the children to choose which parent they want to live with. However, this is not actually the case.

There is no set age when a child’s wishes become a determining factor in a custody case. If the child is old enough to form one’s own opinions based on reason and not just emotion and can articulate those opinions to the family courts, the child’s wishes may be considered. However, it’s important to understand that they are only taken into consideration and just because a child wishes to live with a certain parent does not mean the courts will agree.

The courts are always and only concerned with the best interests of the child, and in many cases, the children may not be mature enough to have the foresight to understand what is truly best for them. The courts must also watch out for signs of parental alienation or one parent attempting to turn the child against the other.

Source: Family Law in British Columbia, “Parenting, custody & access,” accessed Jan. 19, 2016

Coquitlam Family Lawyers

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

Seriousness of child support arrears

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, January 7, 2016.

Statistics show that close to two-thirds of Canadian child support payments are in arrears, amounting to nearly $3.7 billion. In British Columbia, parents owe $538 million in past due child support. While the reasons for these past due payments may vary greatly if more parents exercised their legal options this figure could likely be substantially decreased.

While much of the legal system is geared more toward making sure those who are on the receiving end of the child support payments get their monies, those who are unable to make their payments also have some legal options. The challenge is that it can be very difficult to convince these parents to go into the courts and explain their situations. Many believe that the courts will not care about their circumstances or that they will start enforcement procedures against them by doing so.

Unfortunately, ignoring the issues doesn’t help either. Unpaid child support payments will eventually be acted upon by the child support enforcement agency, and enforcement methods run the gamut from wage garnishment to revoking a driver’s license. To avoid these consequences, it is crucial to talk with a lawyer about your legal options and how best to go about trying to present your case to the courts.

Having experienced legal representation by your side takes some of the stress and anxiety out of the situation and can help ensure you are well informed and prepared going forward. It also ensures that you fully understand the pros and cons of any action and can get all of your questions answered before deciding on an option.

Lawyers Coquitlam

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

How to work out a separation agreement

/in , /by

On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, October 16, 2015.

When a couple decides to go their separate ways, it leads to a variety of emotions. It’s very common for these emotions to spill over into the legal aspect of the separation process. When this happens, couples tend to get locked into legal battles over custody, parenting time and how to divide their assets. An alternative to this is to turn the adversarial divorce process into a collaborative project and work out a separation agreement with your spouse.

The process of drawing up a separation agreement entails working with your ex-partner to decide the common issues of divorce, including property division. While putting emotions aside and working to look at your situation as objectively as possible is important for the separation agreement process, it’s also important to protect your own rights and interests. During the separation agreement process, you should still have your own legal representation to ensure that you fully understand the terms of the agreement.

It’s also possible that the process of trying to get a separation agreement is not successful. In these circumstances, it’s important to have someone protecting your interests who are already familiar with your case and the aspects that are causing issues.

While many people first thinking about a divorce or going through the beginning steps may think that finding common ground with a soon-to-be ex-spouse is just about impossible, a lawyer who works in family law can help. At Laughlin & Company, we see the common issues that come up in the divorce and separation process on a regular basis and can help you understand how to navigate these often complicated challenges and work out a separation agreement.

Real Estate Lawyers Coquitlam

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