Surrey British Columbia Family Law Blog

Failure to create separation agreement can lead to financial loss

On behalf of Peterson Stark Scott posted in Property Division on September 18, 2015.

When a relationship falls apart and a couple decides to part ways it is important to create a separation agreement. This is true regardless of whether the couple was married or in a common-law relationship. The failure to take this course of action could result in unintended financial consequences. A situation that recently played out in Vancouver illustrates this. It involves the division o...

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Could collaborative divorce and separation be right for you?

On behalf of Peterson Stark Scott posted in Collaborative Law on September 14, 2015.

For most people the process of divorcing or separating from a common-law relationship is not easy. The dramatic changes that accompany ending a marriage or a relationship are often emotionally draining. The approach taken in the divorce or separation could add to this stress. Fortunately, there are options when it comes to how to divorce or separate. One of these options is to use a col...

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The Ashley Madison effect: Adultery‚ impact on divorce

On behalf of Peterson Stark Scott posted in Divorce on September 5, 2015.

The unfaithfulness of a partner can shake a marriage hard enough for a relationship to crumble. Too many British Columbia couples, cheating is a deal-breaking violation of trust that -- immediately or eventually -- leads to the end of a marriage or common-law relationship.

No-fault divorce allows a marriage to be dissolved without placing blame on the parties involved. However, proof o...

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Tags: Divorce

Property division rules for separated British Columbia couples

On behalf of Peterson Stark Scott posted in Property Division on August 31, 2015.

How property is divided during separation or divorce depends upon actions taken by British Columbia couples or a court. You and a spouse, who under the Family Law Act may include a common-law partner, can draft a legal agreement spelling out how property is divided. Terms may be de...

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Learning sessions teach parents separation lessons

On behalf of Peterson Stark Scott posted in Family Law on August 19, 2015.

You may attend a special education session about separation if you plan to take a disagreement over parenting to court. Attendance is not an option for Parenting After Separation sessions in some British Columbia communities. The relationship status of the parents is immaterial ‚ family legal issues may be with a former live-in partner, an ex-spouse or a parent who never shared your h...

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Tags: Family Law

How do I protect my share of family assets during divorce?

On behalf of Peterson Stark Scott posted in Property Division on July 16, 2015.

Spouses in British Columbia must follow legal guidelines outlined in the provincial Family Relations Act to distribute property between them during a separation or divorce. Property known as family assets is required to be split just as property outside that classification remains separate.

Family assets are made up of separately or jointly-owned property regularly used by spouses or t...

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Custody extradition cases hang in the balance

On behalf of Peterson Stark Scott posted in Family Law on .

A woman who endured years of physical and sexual abuse at the hands of her second husband was forced to leave three children with their father. The violence, the couple's divorce and the forced separation occurred in the United States. The mother found her way to Canada five years ago when she and her children attempted to escape the savage beatings by the woman's former husband.

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Tags: Family Law

A vacation with an ex tells the children where they stand

On behalf of Peterson Stark Scott posted in Divorce on .

After a divorce in British Columbia, the last thing you may want to do is spend time with your ex. However, some experts believe that going on a vacation together, after the split, is one of the best things that you can do.

The key to this is that it's not necessarily best for you. It may be stressful, and you may struggle with it. But it can be great for your children. Remember that t...

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Tags: Divorce

What is family property and how is it divided?

On behalf of Peterson Stark Scott posted in Property Division on July 15, 2015.

The Family Law Act affects the way separated and divorcing couples in British Columbia split property when no prearranged agreement exists. A change in the law in 2013 created property division rules affecting both married and unmarried spouses. The FLA defines spouses as married individuals or unmarried couples who lived in a marriage-like state for a minimum of two years.

Not all pro...

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Filing a family order to gain contact with a grandchild

On behalf of Peterson Stark Scott posted in Family Law on June 26, 2015.

In every British Columbia court case involving the welfare of children, judges consider the child's best interests above the wishes of all other parties. This is true whether the family law issue surrounds a child custody disagreement or a grandparent's rights to maintain a relationship with a grandchild.

Parent-child relationships have a very strong ...

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Tags: Family Law