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The why’s of divorce mediation in British Columbia

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Monday, August 7, 2017.

There are few things more heated in a family dynamic as discussing an impending divorce. British Columbia couples who are separating — especially when there are children involved — might do well to seriously consider divorce mediation. Solving issues peaceably is emotionally healthier for everyone involved.

Mediation may be less expensive and less stressful than going to court. The divorce mediation process will help both individuals learn how to best resolve contentious issues in positive, constructive ways. Mediation is also an informal, private process, which is conducive to constructive problem-solving. A licensed mediator will work with each party to iron out issues while still considering the needs of both people.

Essentially, there are three types of mediation: civil lawsuit, family and child protection. Once the couple agrees on issues, the mediator will help them put pen to paper regarding their agreements. Any agreements made under these umbrellas are legally binding and are viable alternatives to going to court. Mediation addresses all kinds of disputes.

Mediation not only helps to find solutions to issues not initially agreed upon, but it empowers each individual with negotiation skills. It may also give each party the skills to be able to maturely discuss issues in the future regarding any children they have. Once soon-to-be-former couple understands the legalities surrounding these issues, they will be more apt to make joint decisions rather than having their fate decided by a judge.

Even though divorce mediation in British Columbia avoids the litigation process, individuals have the right to get a divorce lawyer experienced in family law to give them valuable advice and guidance throughout the mediation process. A lawyer will make sure any settlement agreement complies with British Columbia’s family laws. He or she will present any accepted agreement to the court to be approved.

Coquitlam Divorce Lawyer

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

Source: mediatebc.com, “Mediate BC Why Choose Mediation?“, Accessed on Aug. 4, 2017

Changing circumstances may justify child support modification

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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

Division of property in common law relationships a challenge

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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

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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

Can a parent with child custody relocate at will?

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Two siblings stand on the stairs.On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, May 9, 2017.

British Columbia parents who are divorced may manage to establish schedules for parenting time and visitation that benefits the children, and it may all work out well — until the time comes that the custodial parent wants to relocate. A parent with child custody cannot just pack up and move to another city, province or territory. If the parents cannot agree on the relocation, the court will have to decide whether the move may take place.

The primary concern of the court will be the best interest of the child. When making this decision, the court will consider the current custody arrangement and the existing relationship between both parents and the child. The views of the child may be considered — depending on the child’s age and maturity. The disruption in the child’s life with relation to education, relationships and his or her place in the community will be considered.

The custodial parent will have to prove that the intended relocation is for the benefit of the child rather than simply his or her own interests. If the parents can come to an agreement and work out a modified visitation schedule, the court will likely approve it. However, it is important not to relocate with only the other parent’s verbal consent. Getting the court’s authorization can prevent litigation in the future.

Divorced British Columbia parents who want to relocate may find it helpful to consult with an experienced family law lawyer. In addition to explaining the child custody laws related to the proposed relocation of a parent, the lawyer may be able to assist with negotiations or even arrange for a family law mediator to facilitate such negotiations. The lawyer can advocate for either the custodial or the access parent while also protecting the best interests of the child.

Port Coquitlam Lawyer

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

Source: FindLaw Canada, “Can custodial parents move their children?“, Miriam Yosowich, Accessed on May 9, 2017

Even if division of property seems equal, it may not be

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, April 12, 2017.

Along with the emotional toll a divorce can take on British Columbia couples, the financial consequences can be devastating — often for both parties. The economic impact typically starts when the couple separates and less income is available to meet household expenses. While additional accommodations for one spouse will be required, it will come along with the attendant housing and utility costs. This situation can already start draining funds that may have been intended for retirement, education and more — only to be exacerbated by the division of property as divorce proceedings move forward.

Keeping emotions under control is difficult but necessary. It is important to focus on the issues, particularly those that may affect the post-divorce financial stability of each spouse. The type of assets allocated during the property division process may seem an equal portion of the whole, but some might be illiquid assets that are difficult to sell if the need for cash arises. The type of property may also have unfavorable tax implications; for instance, withdrawals on a tax-deferred retirement account will be taxable.

Taxation on ongoing income can also have an impact. Although the spouse who pays alimony (if applicable) is entitled to a tax deduction, the one receiving it must report the payment as income for tax purposes. These are important considerations for future tax filings.

Fortunately, help is available with these and other issues from experienced divorce lawyers who can provide the necessary support and guidance while also protecting the client’s interests. Family law lawyers in British Columbia, like us at Laughlin Family Attorneys, have resources available to assist during the division of property. These may include tax and financial advisors along with other professionals who can provide input on such matters as child custody concerns and real property issues.

Visit our office if you’re ever curious:

Lawyer in Port Coquitlam, BC

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

Source: Time, “Keep a Divorce From Killing Your Finances“, Jill Schlesinger, Accessed on April 7, 2017

Divorce mediation can save time and money

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Scrabble tiles with a wedding ringOn behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, March 8, 2017.

As an alternative to litigating a divorce in a British Columbia court, mediation is an effective way for divorcing spouses to resolve contentious issues. Divorce mediation is a process by which all important matters can be addressed in negotiations that are facilitated by a qualified divorce mediator. Although such a mediator could be a lawyer, he or she must be neutral and may not provide either party with legal advice.

The sole purpose of the divorce mediator will be to provide the platform and encourage peace negotiations in which both spouses can speak their minds and raise their concerns. He or she will not impose solutions but allow couples to find their own. Along with issues related to property division and child-related matters, couples may discuss any other concerning subjects. The mediator will guide couples to compromise when necessary and work toward drafting a settlement agreement.

In most cases, mediation brings to light the underlying concerns of people, and once those are understood, solutions are quickly found. Divorcing spouses that manage to find agreement and negotiate a settlement agreement on their terms often feel their newly acquired negotiation skills empowered them. It could also prepare divorced parents for child-related talks in the future.

Even though divorce mediation avoids litigation, each party is entitled to have an experienced divorce lawyer to provide valuable input and guidance during mediation. A lawyer can also ensure that the settlement agreement complies with British Columbia family laws. Once both parties have accepted and signed the agreement, it can be presented to the court for approval.

We’re local and ready to take your case:

Source: familylaw.lss.bc.ca, “Mediators:“, Accessed on March 3, 2017

Attorney Port Coquitlam

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

Symposium promotes divorce mediation vs. litigation

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A beautiful family who don't need a family lawyer quite yet

On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Wednesday, February 22, 2017.

It is reported that approximately four in every 10 marriages in Canada, including in British Columbia, end in divorce. A recent symposium was held in another province to help professionals in various fields who often have to deal with divorcing couples. These include financial advisors, real estate agents, lawyers and more. One of the goals of the organizers was to create awareness of the advantages of divorce mediation compared to litigation.

One spokesperson said, in its simplest form the problem involves couples that spend time and money to go through contentious divorce litigation to determine at what time a child should be collected from school. Although there are divorces that involve complex financial portfolios that can only be handled through litigation, she said most other cases could be resolved through divorce mediation. The spokesperson said many people do not recognize the positive effect that mediation can have on a divorced family’s future.

Litigation is always a confrontational process, and any other case — such as battling for recovery of damages after an accident — does not require the parties to have any post-litigation contact. In contrast, divorcing spouses will have divorce relationships for years following the divorce that can be jeopardized in court battles — especially if there are children involved. Divorce mediators are qualified to facilitate families and provide a non-adversarial platform where peaceful negotiation will be encouraged.

An experienced divorce lawyer in British Columbia can provide advice and guidance during divorce mediation. A divorce mediator may not provide either party with legal advice, but each spouse may have their respective legal representatives present during sessions. Lawyers can provide valuable input based on their experience with similar cases, and also ensure that the final settlement agreement complies with the applicable laws before it is presented to the court.

Source: edmontonjournal.com, “Divorce Symposium to boost alternatives to court process“, Clare Clancy, Accessed on Feb. 18, 2017

Attorney in Port Coquitlam

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

Child support: DNA tests can prove or disprove paternity

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laughlin and company family lawyers logo

On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, January 18, 2017.

In British Columbia, it is possible for a man to be named the father of a child and burdened with the responsibilities even if he is not the child’s biological father. Men who believe they are not responsible for child support sometimes question paternity. Also, men who want parental rights to children they claim to have fathered may also need to prove paternity. Who is presumed to be a father under British Columbia law?

A man who was married to a woman at the time of the child’s birth, or he died or divorced the mother within 300 days before the child was born will be regarded as the biological father. This can be the case even if the man only married the mother after the child’s birth, but she names him as the father. By admission, a man can also be named as the biological father if he admits to being the father — regardless of whether the couple was married — and if he signed a Child Paternity and Support Act agreement upon the child’s birth.

If a man denies being the father of a child, the burden of proof is on him to show the court that he has no biological connection with the child. DNA testing is available for men in this position. However, if the mother can prove that the man treated the child as his own, the court may continue to hold him responsible for child support.

DNA testing is also available for men who want to prove that they are the biological fathers to gain access and parental rights to their children. However, if a man proves in the court that he is the biological father of a child, he will also become responsible for child support payments. British Columbia family law lawyers can provide valuable guidance to fathers who want to prove or disprove paternity claims.

Source: FindLaw Canada, “DNA testing and paternity issues“, Miriam Yosowich, Accessed on Jan. 14, 2017

Coquitlam, BC Family Lawyers

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

Protect combined funds during the division of property

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Sunday, November 20, 2016.

When British Columbia couples get married, many changes take place in the lives of both parties. Along with having to get used to each other’s habits and ways of life, the unique financial profiles of two entirely different people are combined — often with the little prior discussion. Finances are blamed for many arguments in marriages, and if these issues are left unaddressed, it may even lead to divorce. What makes decisions about combining funds difficult is the fact that couples who are very much in love must also consider the possibility of divorce and division of property in those proceedings.

Although the dynamics of each couple are unique, a professional financial advisor says that allowing each spouse to maintain some economic freedom may avoid serious arguments. Some prefer to have their separate accounts with an arranged list of financial obligations for each spouse. Others find that a “yours, mine and ours” system works best for them. This allows each partner a personal account and some independence while they pay household expenses from a joint account.

Another option that works for some is for each spouse to be allotted a weekly or monthly amount of money — similar to an allowance — to do with as they please. Spouses can use this to treat themselves or to treat each other with a special gift or surprises. In cases in which one spouse tends to be a spender, this may be an effective way to control such habits without making it feel like punishment.

While each couple can work out a financial strategy that works for them, it may be wise to record the arrangement in a prenuptial agreement. This may avoid contention during the division of property in the event of a divorce. The assistance and experience of a British Columbia divorce lawyer to provide advice can prove to be invaluable.

Source: businessinsider.com, “Here’s how to combine your money when you get married, according to a financial planner“, Tanza Loudenback, Accessed on Nov. 18, 2016

Lawyer Coquitlam, British Columbia

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