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Surrey British Columbia Family Law Blog

Family law sometimes requires support from non-biological dads

To be a father to a child is not the same as fathering a child. One does not need to be a biological parent to enjoy a loving, parental relationship with a child. However, when the relationship with the mother ends, what family law requirements are there of a non-biological dad to pay child support? A British Columbia mom recently found out one possible answer to that question.

A child was born on March 30, 2009, to a woman and a man in an eastern province. In June 2012, the couple split, and the terms of their separation agreement made clear there were no children of the marriage. It had come out by that time that the man was not the father of their little boy. The woman and the child moved to B.C. after the divorce finalized in 2014, and the man stayed behind. A year and a half later, she served him with a demand for child support.

Pre-plan property division with a marriage agreement

A marriage agreement is not the kind of thing two starry-eyed newlyweds discuss across a bistro table at a British Columbia ski resort. It is, however, an important topic for any married couple, especially after assets have accumulated over the years. Though no happily married couple wants to get a divorce, it may be comforting to know that if it should ever happen, the complex and contentious matter of property division is already dealt with.

Like its well-known counterpart, the prenuptial agreement, a marriage agreement (or postnup) allows a couple to make practical decisions about their assets in case of a divorce. It may be possible to make better decisions while still on good terms than it would be after a marriage has gone sour. A predetermined course of action can save time and money in the future.

Prepare for a new financial reality after a divorce

If one has never been the sort to prepare for the future, it may be time to start when the end of a marriage is at hand. Divorce leaves many people in British Columbia in financial situations they did not foresee, and that can make life stressful and challenging. There are some simple techniques, however, that may result in a better outcome.

When on the cusp of divorce, the time is right to start living a bit more frugally, if one wasn't already. It may be prudent to set a budget based on a realistic projected income as soon as possible and stick to it. While impulse buys and sudden splurges can be immediately satisfying, that money could probably be better spent. Unexpected expenses are not uncommon during a divorce, and it is always best to have funds available when they crop up.

Basics to know about property division in British Columbia

The accumulated assets of a marriage can sometimes be substantial. In fact, some people may not be aware exactly how extensive their holdings are until it comes time to split them up during a divorce. For those with questions about property division in British Columbia, here some useful facts on the subject.

 

Assets should not be hidden during property division

When it comes to divorce, both parties typically want to move on as quickly as possible, but with the assurance that a fair settlement has been reached. Understandably, two people who feel they can no longer continue together may have differing ideas on the definition of "fair". At times, some parties may be tempted to eschew full disclosure during the property division process. But is this permissible in British Columbia?

The simple answer is, no. The law requires that all assets be revealed during a divorce. This applies even to assets that a person may have kept hidden during the marriage itself. Those assets may now be considered family property and will likely factor into the division process.

What Happens To The Matrimonial Home When Separating Or Divorcing?

When going through divorce or separation, the law mandates that both family assets and family debts be divided evenly between the estranged spouses.

Unless there is an agreement in place that says otherwise, the court will usually split family property evenly. That includes the former couple’s matrimonial home.

The Rights And Responsibilities Of Step-Parents After Separation

Step-parents tend to have a bad reputation in fiction, but in real life, they often play an important part in their stepchild’s life. If they separate from a child’s biological parent, questions arise over their rights and responsibilities to the child.

Do Grandparents Have Legal Rights To Their Grandchildren?

When a couple separates and divorces, extended family members are often affected by the change in the couple’s status. If a couple have children, the grandparents’ right to have access to their grandchildren can become an issue.

How Is Pet Ownership Determined After Separation?

Separation is never easy on families, but it can get even tougher when it involves their pets. Many couples consider pets valued members of the family and their owners often have a strong attachment to them. So, when a couple decide to split, the parties may have difficulty determining ownership of the pet.

Can I Take My Child Out Of The Province For Travel?

In cases where parents are separated or divorced, one parent may want to take a trip with the child where the other parent or guardian is not present. To avoid delays and complications, such parents must be aware of their rights and responsibilities before traveling with children.