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Division of property may follow money disputes in marriage

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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

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

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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

Child Custody: Can technology aid parent-child relationships?

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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

Can bankruptcy resolve debt issues in division of property?

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Money & cars can be considered wealth to be divided.On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, April 26, 2017.

When British Columbia couples consider divorce, it might be a good idea to sit down and discuss how mutual debts will be handled before the divorce is finalized, rather than waiting to face the consequences afterward. With agreements regarding the division of property in place, those issues will not be left to the discretion of the court.  In divorce, debts will be treated in the same way as assets.

However, creditors are not interested in a couple’s marital status, and regardless of what a family law court orders, banks hold responsible those in whose names the debts are registered. When a marriage ends, and one spouse moves out, there’s typically less income to meet expenses such as rent, utilities, grocery costs and more. One spouse may be left with the cost of maintaining the family home, while the other could have the additional burden of child and/or spousal support. This may lead to an inability to keep debt payments current.

It is often advised that couples should close joint accounts and open personal accounts before the divorce gets underway, but they may not be able to settle the outstanding balances to enable them to close certain credit card accounts. Although a divorce will physically separate a couple, debts may keep them connected for some time. One option may be to apply for two separate bank loans to settle debts before the divorce, but only if both parties can afford the loan payments that will follow.

Any British Columbia individual who is heading for a divorce can find an attorney who can provide valuable advice along with support and guidance throughout the process, including the division of property. If the debt level is excessive, the possibility of filing for bankruptcy might be considered. This may allow the person to have a fresh start — both financially and personally.

Contact Laughlin & Company Attorneys if the division of property is a concern for you.

Source: globalnews.ca, “Heartbroken and bankrupt: Why divorce can destroy your finances“, Erica Alini National, April 17, 2017

Lawyers in Port Coquitlam, BC

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

Disagreements about money not limited to a high-asset divorce

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Tuesday, April 18, 2017.

Disagreements related to finances cause a significant number of marital problems in British Columbia. Regardless of whether it is a high-asset divorce or a middle-income couple’s divorce, money often brings contempt. It has been suggested that many couples go for marriage counseling when financial counseling is what they really need.

The importance of having a money talk before the wedding is often emphasized. Not doing so could lead to disastrous consequences for couples with markedly different ideas about financial management. Some understanding and compromise will be necessary when two people from different socioeconomic backgrounds come together to share one budget. One may be a big spender while the other partner might have lived a life of saving and strict budgets.

Some advisors suggest that couples may do well to share the financial responsibilities and work together when budgeting and balancing finances to avoid any mistrust if only one spouse takes responsibility for managing family finances. Furthermore, many advise that a bank account for household expenses and other mutual financial obligations should be shared. It is often said that most financial problems in marriages stem from the lack of continuous open discussions about finances that ultimately lead to suspicion and doubt.

It is therefore not surprising that many divorces in British Columbia involve allegations of hidden assets by one of the spouses — especially if it is a high-asset divorce. The answer to such a situation would be to secure the services of an experienced legal aid attorney whose skills include the ability to seek and identify hidden assets. The attorney can protect the rights of his or her client and work to secure a fair and lasting divorce settlement.

Source: kiplinger.com, “5 Signs Couples Need Money Counseling“, Ash Toumayants, Accessed on April 14, 2017

Lawyer in Port Coquitlam

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

Woman admits ex not the father — judge waives child support

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, March 22, 2017.

In British Columbia, child support obligations are not necessarily determined by paternity. A person whose name is on the birth certificate, who had taken care of a child as his own, can be assumed the father and held responsible for child support. However, in an unusual ruling, a British Columbia Superior Court judge recently declared a man free of any child support obligations.

A report indicates that a child was born after a couple had been married for three years. The man automatically accepted that he was the child’s father and cared for the boy. Three years later, under unknown circumstances, the husband learned that somebody else was the child’s father. The couple separated and, a year later, DNA testing confirmed that fact.

After another 15 months, the couple divorced, and the mother left their home province to relocate to British Columbia, telling the court she did not want child support because her ex-did not father the child. Reportedly, since their divorce in Sept. 2014, the couple had no contact — until Feb. last year when the mother suddenly demanded child support. She claimed the man acted as the child’s father until their divorce, but the man claimed to have had no contact since shortly after they separated.

The British Columbia Supreme Court judge ruled that it would be grossly unfair to order the father to pay child support after the essential misrepresentation of the facts by the mother. Any person in British Columbia who faces a similar problem may find answers and support by consulting with an experienced family law lawyer. Skilled legal counsel can assess the problem, suggest potential remedies and provide the necessary guidance throughout any legal proceedings.

Source: nationalpost.com, “B.C. woman who concealed her ex-husband was not the father of her son loses child support bid“, Keith Fraser, March 15, 2017

Need your family law questions answered free? Us at Laughlin Law can help you today! Call (604) 945-4370 for your free consultation.

Port Coquitlam, BC Lawyers

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

Division of property can do with appropriate help

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Sunday, December 11, 2016.

Couples in British Columbia may not realize that the lasting effect of the trauma of a divorce can be lessened by taking proper care of themselves. Emotions and anxiety can be overwhelming during this time, and adequate rest, healthy eating, enough activity and both moral and legal support can ease the process. Along with issues related to child custody, the division of property can become contentious if not handled carefully.

It may be beneficial for a divorcing couple to work toward reaching agreements in negotiations to avoid stress over the high costs of litigation. Reportedly, most couples choose to jointly manage their finances by combining their incomes to pay both personal and household expenses. Upon divorce, they must separate their finances, and each spouse must evaluate his or her financial positions and assess any future needs.

However, most couples seem to work toward settlements through communication and compromise. Statistics show that about half of divorcing couples in British Columbia manage to avoid court proceedings — often even after one spouse started the process by going to court but then agreed to resolve issues. The percentage of couples who ultimately reach settlements through litigation is insignificant — only six in every 100 couples.

While some British Columbia couples choose to navigate their divorce proceedings on their own, many others have found that the support and guidance of a skilled divorce lawyer can be invaluable when it comes to the division of property.  Along with the legal advice that a seasoned lawyer can offer, he or she can prepare the client for what to expect. Such a professional can provide valuable input based on his or her years of experience to ensure a smooth transference into a new chapter of life.

Source: justiceeducation.ca, “Family Law Basics“, Accessed on Dec. 9, 2016

Lawyers in Coquitlam, British Columbia

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

Can I move my child whenever I want without consent?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, August 18, 2016.

Having a child custody agreement means that you have to abide by the points laid out in the agreement. This means that you can’t just make decisions for your child if they go against the agreement. One of the major life decisions that you might wonder about is whether you can pick up and move your child or not. The answer is that you can’t just decide to move your child one day and do it the next.

What does Canadian law say about moving a child?

In 1996, a decision was made by the Supreme Court of Canada that laid out a precedent for wanting to move a child. This decision was a landmark decision because, before it, a parent could merely relocate the child at any given point under the presumptive right of the custodial parent. After the decision was made in 1996, the best interest of the child has to be making a move. The court will no longer consider the best interests of the parent.

What can I do if I need to move my child?

In some cases, you can get the child’s other parent to agree to the move. This would allow you to make a move without any worry. If that isn’t possible, you will likely have to head to court. In British Columbia, you have to notify the non-custodial parent of the intended move. The other parent might object to the move, which would mean you go to court for the court to decide if the move is in the child’s best interest.

If you are considering a move or if you want to object to a move, you should make sure that you understand how to take the appropriate action legally. This can make the process a little more comfortable for you.

Source: FindLaw Canada, “Can custodial parents move their children?” Miriam Yosowich, accessed Aug. 18, 2016

Lawyers in Port Coquitlam

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