Why and how divorce mediation works

On behalf of Peterson Stark Scott posted in Divorce Mediation on June 19, 2015.

Some people who handle complex business negotiations flawlessly would never have the same luck resolving legal matters at the end of a marriage. There's a good reason for that. You don't have to have an emotional investment in a business deal, but it's difficult to put aside feelings when a dispute involves divorce issues.

British Columbia spouses sometimes feel raw and vulnerab...

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Separation agreements by mutual consent

On behalf of Peterson Stark Scott posted in Collaborative Law on June 12, 2015.

Compromise isn't the easiest thing to do when a couple chooses to separate. However, cooperation can go a long way to reducing the stress often associated with a break-up and the financial costs of taking personal issues to court. Collaborative law services through Petersen Stark Scott can be beneficial to British Columbia spouses who want to avoid these additional hardships.

Sp...

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Fathers’ time: Making the most of contact with children

On behalf of Peterson Stark Scott posted in Divorce on June 10, 2015.

Men can have a hard time seeing their children living in a different place with an ex-spouse they once loved. Some fathers in British Columbia, confined to visitation plans after divorce, view children across boundaries they no longer can cross. They worry the distance created by the end of a marriage will cause them to lose connections with their kids.

Some fathers overcompensate by l...

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Tags: Divorce

Divorce and Canada’s overlapping family laws

On behalf of Peterson Stark Scott posted in Divorce on May 28, 2015.

Marital status and other factors determine whether provincial laws, federal laws or both apply during the legal process of ending a relationship. Any couple in British Columbia can separate but only married couples can divorce. In general, the federal Divorce Act exclusively concerns married individuals, while provincial laws cover separations of married or unmarried couples who've ha...

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Tags: Divorce

Can spouses be separated while living in the same residence?

On behalf of Peterson Stark Scott posted in Family Law on May 22, 2015.

The obvious answer seems like it should be "no," but the real answer is "yes." There is no official legal action that must be taken in British Columbia courts to separate from a spouse, a term that includes long-term unmarried partners as well as married individuals. Spouses separate and divorce at will, without requiring permission from one another.

While there is no legal sepa...

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Tags: Family Law

Obtaining a family order to exercise grandparents’ rights

On behalf of Peterson Stark Scott posted in Family Law on May 15, 2015.

Divorce and other conflicts between British Columbia couples can disrupt several relationships within a family. Children must adapt to the parents' separation. Grandparents may lose contact with grandchildren when a parental dispute locks them out of regular visits.

Provincial family law and the Canadian Divorce Act allow grandparents to file formal petitions for court-ordered a...

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Tags: Family Law

How do spouses divide property when a relationship ends?

On behalf of Peterson Stark Scott posted in Property Division on May 11, 2015.

Dividing assets and debt following the end of a marriage or a long-term relationship can be difficult for spouses in British Columbia. Family laws concerning separation and divorce use the term "spouses" in reference to married individuals, as well as parties in a common-law relationship for a minimum of two years.

Under provincial law, property division is an equal split of assets and...

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Child custody arrangements during separation and divorce

On behalf of Peterson Stark Scott posted in Family Law on May 8, 2015.

Unmarried and married parents are the guardians of their children, whether or not they remain together in the same household. Canada's federal Divorce Act uses the traditional term "custody" to cover parental duties toward children, living arrangements for children and a non-custodial parent's access to a child following a divorce.

Provincial laws like the British Columbia Family and C...

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Tags: Family Law

Your federal tax filing status changes with divorce

On behalf of Peterson Stark Scott posted in Divorce on April 24, 2015.

Many British Columbia residents are expected to take advantage of federal benefits and credits while filing returns, due by the last day of this month. Refunds can be affected greatly by changes in household income, particularly for low-income taxpayers. Separation and divorce alter that income and impact how tax returns are filed with the Canada Revenue Agency.

The Canada Child Tax Be...

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Tags: Divorce

Spousal support in British Columbia divorces

On behalf of Peterson Stark Scott posted in Family Law on April 14, 2015.

If your marriage is failing, spousal support might be either ordered by the court or it may be included as part of a negotiated agreement in your case. There are many factors the court will use to determine whether either you or your spouse are entitled to receive such payments, and they are not ordered in every divorce case.

The purpose of spousal support is to make certain that both ...

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Tags: Family Law