Family Law Blog

When dividing matrimonial property in a separation or divorce one of the biggest questions that we get is, “How do my spouse and I divide our RRSP’s?” & Is it Better to Transfer RRSP’s or Keep Them, and Pay my Spouse Out of Other Assets?

Separation and divorce are confusing times for families, particularly when dealing with children. Luckily, there are resources that are provided to help people find information on how to properly navigate the process. 

The exchange of information is critical in any family law case. Without the exchange of relevant information neither side in a legal action may know what their claim is, what their chance of success may be, or even if they have a case at all.

Once the decision has been made to end a marriage many people want to know how quickly they can get divorced. A divorce is a court order that legally ends a marriage. Unmarried spouses do not need to get divorced. In Canada, the Divorce Act governs the requirements for all divorces.

In Canada, an application to the court in a family law proceeding can be made either the in Provincial Court or the Superior Court. Depending on the province, the Superior Court is called the Supreme Court or the Court of Queen’s Bench.

Corollary relief is something that a party seeks from the Court, that is in addition to the main relief they are seeking. In family law matters, corollary relief is most often understood as referring to issues of spousal support, child support, parenting, and division of property.  The main relief being sought from the Court is a Divorce Judgement, but related to the divorce itself are a host of issues that the parties need to deal with as they begin to untangle their lives.  

It is very clear that people love their pets. There are now pet spas and salons and pets can even get acupuncture. When divorce happens the issue of who gets Fluffy often arises and some people also want to know if they can claim support for pets like they would for children.

Mediation is always best… or is it? Many lawyers will propose mediation automatically as the default starting point in a family law dispute. While mediation is often the best place to start, sometimes starting with mediation can lead to wasted time and resources.

After a separation, many people wish to restart their lives in a new city, and more often than not, a place where there is new opportunity. Our clients often say to us, “I want to move with my child (or children), how do I do that?” Moving with your child or children in British Columbia requires several steps before you can relocate.

Court Appearances are a very stressful part of relationship breakdowns. Most often, parties can work together to avoid going to Court, but occasionally the only way to overcome an impasse is to bring the matter before the Court. Once you decide to bring a matter before the Court the next step is filing the appropriate materials, often including Affidavits. An Affidavit is a written statement of the relevant facts, which you swear to be true.