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Prenuptial agreements can prevent issues in division of property

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On behalf of Laughlin & Company Lawyers, mediators posted Division of Property on Thursday, January 12, 2017.

While conversations about prenuptial agreements used to be uncomfortable, more and more British Columbia couples find it the best way to protect their individual assets — not only in the event of a divorce but also if one spouse should die. Many couples marry a bit later in life, and others marry for a second or subsequent time, and they enter marriages with already acquired assets that need protection in the division of property. Furthermore, prenups are not limited to asset allocation but can include directives on how the couple will handle finances and more during the marriage.

The first requirement of a prenuptial agreement is a comprehensive list of each spouse’s assets that they will bring into the marriage — along with their existing debts. Any assets acquired after the wedding date will be a marital property that will belong to both. Spouses usually have different spending and saving habits, and they can use the prenup to set ground rules related to how they will administrate their incomes and assets. They can also stipulate how they will handle the payment of existing debt.

Matters other than financial, such as commitments and responsibilities with raising children and household tasks, can be addressed in the marital agreement. If one spouse advances his or her education while the other spouse works, they may want to consider the position of the person who put in hours at work in the event of a divorce. Similarly, potential spousal support may be included for one spouse who may become a stay-at-home parent and will be at a financial disadvantage if the marriage ends.

These are just some of the matters to consider when drafting a prenuptial agreement. Each spouse’s legal representative must be present to ensure both spouses sign the document out of free will and that no intimidation or coercion takes place. Experienced British Columbia family law attorneys can provide valuable advice and input during the drafting of the agreement to ensure the fair division of property should one spouse die or in the event of a divorce.

Source: Marriage.com, “Prenuptial Agreement Checklist“, Accessed on Jan. 7, 2017

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

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The family court can address child support evasion

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, December 21, 2016.

Many British Columbia parents remain committed to the best interests of their children. However, in some cases, a divorced parent may hold back on paying child support to punish a former spouse. Sadly, the children may be the ones who are impacted. Fortunately, the custodial parent can resort to the court if timely payments are not made.

Parents who want to avoid paying child support can be resourceful. The family court requires a non-custodial parent to provide a financial statement upon which the child support order is based. Some parents will do what they can to lower the amount of income recorded. Some quit their jobs or go back to school to avoid pay cheques of which a portion may have to be paid to the custodial parents.

A common tactic is to work for an employer who will pay unrecorded cash or other types of remuneration. However, the custodial parent may be able to expose such behaviour. The deceiving parent’s standard of living will likely be an indication of unreported income. The custodial parent may be able to use advertisements offering employment to show that jobs are available for non-custodial parents who claim to be unemployed.

Trying to gather evidence of a former spouse’s real income may be challenging for a custodial parent who may have to work long hours or multiple jobs to earn enough to take proper care of the children. Help and support are available from an experienced family law lawyer who can assess the struggling parent’s circumstances and help find evidence to prove to the court that the other parent is concealing income. The British Columbia family court may determine an imputed income on which it will base a court order for child support — regardless of the income shown on the financial statement.

Source: lukesplace.ca, “What the court do when a father evades child support?“, Accessed on Dec. 17, 2016

Coquitlam, British Columbia Lawyer

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

Child custody and relocation — how is it handled?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Wednesday, November 9, 2016.

Working out parenting plans that suit both parents and their children after a divorce can be challenging. If one parent intends to relocate after the divorce, matters can be complicated. Spouses can become ex-spouses, but children can never become ex-children. Regardless of who has child custody, one parent relocating may not compromise parent-child relationships.

Under British Columbia Family Law, any parent who considers relocation must provide written notice 60 days in advance. This document must inform other guardians and people who have contact with the children according to a court order of the plans to relocate. This procedure is mandatory; even it is the non-custodial parent who wants to move.

The court may waive the need for the written notification in certain circumstances. If such information can give rise to abuse or violence or if there is no existing relationship between the children and the parent who will be separated from them, the court may make an exception. Also, if all parties agree, and parenting plans that ensure the preservation of parent-child relationships are in place, written notices may not be necessary.

However, a guardian or parent may file a motion in court to object such a move, and the court will consider various aspects to determine whether the relocation will still protect the best interests of the child. British Columbia parents who need legal advice or representation in a case of one parent wanting to relocate may benefit from consulting with an experienced family law lawyer. Regardless of whether guidance is needed by a parent with child custody who intends to move to a different location, or by a parent or guardian who wants to object to such a move, a skilled lawyer can advocate on behalf of the client.

Source: gov.bc.ca, “What happens if one parent wants to move?“, Accessed on Nov. 9, 2016

Coquitlam Law Firm

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

Child support can be court ordered or agreed upon by parents

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Wednesday, September 28, 2016.

Providing for your child is a priority for most parents. If you and your child’s other parent divorce, the parent who doesn’t have primary custody of the child might need to pay child support so that the child can have the financial support he or she needs. There are two ways that you can come up with a child support payment plan — working with your ex or having the court decide.

The primary concern when coming up with a child support agreement is that it is a fair agreement that puts the child’s needs first. What is considered fair can be impacted by how you come up with the plan. If you and your ex-work together, there is more room for negotiation about the amount of support that will be paid. If the court decides, the court must use the Divorce Act Section of the Federal Child Support Guidelines.

Coming up with your agreement about child support might be the way you choose to handle this aspect of child custody. If you do this, make sure that you get the support agreement in writing. Not only does this provide you with a document to turn to for clarification, but it also provides you with proof of the agreement if you have to turn to the court for enforcement.

It is possible to change a child support agreement once it is made. If you and your ex-came to the agreement, you can work together to draft a new agreement. If the court ordered the child support, you could turn to the court to modify the agreement. In either case, you should make sure that you understand how the law applies to your case.

Source: Department of Justice, “Child support agreements,” accessed Sep. 28, 2016

Coquitlam Lawyer

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