Divorce: Should a payee get more money after payor gets a raise?

On behalf of Peterson Stark Scott posted in Divorce on December 19, 2019.

One of the most contentious issues when it comes to family law is how much one spouse pays to another after increases in income. When couples divorce, one spouse often has to pay support to the other. But what happens if the payor gets a hefty salary increase at work or additional bonuses that weren't factored into the initial agreement? That is what one separated British Columbia recently h...

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Property division: The meaning of patrimony

On behalf of Peterson Stark Scott posted in Property Division on December 16, 2019.

There may be a term bandied about during the divorce process of which some couples may not be aware: patrimony. Essentially, in British Columbia -- as in the rest of the country -- patrimony refers to property division whether a couple is married or living in a common law relationship (or civil union). Family patrimony is comprised of the assets a couple shares that are up for division at se...

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Family law: Getting on the same page regarding parenting style

On behalf of Peterson Stark Scott posted in Family Law on December 5, 2019.

It's never easy when divorced parents -- or any parents, for that matter -- have different parenting styles. Raising children can be much less daunting when two people are on the same page on how to do so regarding things like punishment, education, health care, values, religion and the like. Luckily, British Columbia parents are guided by family law when it comes to doing what is in the bes...

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Family law: What happens when an engagement to marry is broken?

On behalf of Peterson Stark Scott posted in Family Law on November 28, 2019.

Sometimes things just don't work out in life. That happens with couples as well. When the engagement is broken by a yet-unmarried couple in British Columbia, there is nothing in family law that stipulates what should happen, unless of course, that couple was living in a common law relationship or if a cohabitation agreement is in existence. Otherwise, there is not much each party is entitled...

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Collaborative law a gentler, kinder way than going to court

On behalf of Peterson Stark Scott posted in Family Law on November 19, 2019.

Things always seem to go more smoothly when people work together for a positive outcome. But, that is not always possible in a divorce situation and that is where collaborative law might help the process for British Columbia couples having some difficulty sorting through some issues. Collaboration keeps couples out of court -- something that is not only beneficial for them, but also for thei...

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Property division: Understanding what’s included

On behalf of Peterson Stark Scott posted in Property Division on November 12, 2019.

Separating or divorcing means a couple still has to take care of a lot of business. One of the issues about which decisions need to be made is property division. That hasn't been easy for many British Columbia couples in light of the volatile real estate market and escalating property values, but there are distinct rules in place governed by the Family Law Act. For example, family property i...

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Collaborative law offers a peaceful way to divorce

On behalf of Peterson Stark Scott posted in Collaborative Law on November 7, 2019.

When British Columbia spouses decide to end their marriages, they may be reluctant to begin divorce proceedings. This is often because divorce is traditionally a contentious and stressful time that may become more divisive and bitter as the process evolves. Many more couples are looking at collaborative law as a more peaceful method of ending their marriages.

Collaborative law involves...

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How divorce can affect financial and mental health

On behalf of Peterson Stark Scott posted in Divorce on November 4, 2019.

There are many areas of life that can be affected when a couple decides to part ways. Not only can divorce create financial hardship for each individual, but it may also have an effect on a person's mental health. British Columbia residents who are going through a divorce or separation are usually stressed about their financial situations, which -- in turn -- can wreak havoc with their overa...

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The cost of hiding assets during a divorce

On behalf of Peterson Stark Scott posted in Divorce on October 29, 2019.

When couples decide to end their marriages, very often the claws come out. Although lawyers advise their clients in British Columbia to disclose all their assets to their spouses in divorce situations, that isn't always what happens. It also doesn't mean that the person's former spouse will automatically get some of those hidden assets.

Disclosure usually means providing tax returns, f...

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Tax ramifications associated with divorce

On behalf of Peterson Stark Scott posted in Divorce on October 16, 2019.

There are tax consequences associated with the end of a marriage. Some British Columbia couples are not prepared for the financial consequences after having made the decision to divorce and that may cause even more stress. According to the Canada Revenue Agency (CRA), a couple is considered to be separated if they have lived apart as a couple for at least 90 days and when separated the CRA w...

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