As more people choose to live together in marriage like relationships without a formal wedding, it’s essential to understand the legal implications of being in a common law relationship, commonly referred to being a ‘common law spouse’ or a ‘common law marriage’. In this blog, we’ll discuss the process of property division, spousal support, and the benefits of cohabitation and separation agreements for people who find themselves being a common law spouse in British Columbia. We’ll also discuss how common law spouses have the right to make a wills variation claim if they are not adequately prov ..read more

When a couple is legally married and there’s a marriage certificate, there is little doubt as to the nature of the relationship and the rights that the spouses have should the relationship dissolve. Similar rights, like spousal support, are also available in British Columbia to people who live together in a “marriage-like relationship” for two or more years. However, sometimes there is disagreement as to the nature of the relationship and spousal status of the parties. In these cases, the court will consider the intentions and evidence of the parties and make a judgement about the nature of th ..read more

When a couple is legally married and there’s a marriage certificate, there is little doubt as to the nature of the relationship and the rights that the spouse’s have should the relationship dissolve. Similar rights are also available in British Columbia to people who live together in a “marriage-like relationship” for two or more years. However, sometimes there is disagreement as to the nature of the relationship and spousal status of the parties. In these cases, the court will consider the intentions and evidence of the parties and make a judgement about the nature of the relationship. This i ..read more

Many couples own shared assets, and it is not uncommon for couples to hold tenanted investment properties together. When a relationship ends, the division of these shared assets becomes necessary and may require that the shared assets be sold to divide the proceeds. When the shared asset is tenanted and those who own the shared asset do not have an agreement about how the asset is to be managed and divided, co-owners may turn to the courts to compel sale of the property. In these cases the courts rely on both the BC Partition of Property Act 1996 and the Residential Tenancy Act 2002, and the r ..read more

The prenuptial agreement, or “prenup” is a private contract between couples before they marry that contemplates what will happen should a marriage need to end. Often, people consider the drafting of a prenuptial agreement to be a cynical act. This is because these agreements are often seen as making negative assumptions about what will happen (that the marriage may fail) and about how people will behave should the marriage fail (that people may behave badly in the context of a divorce). In reality, the prenup is an important agreement that can help couples avoid many problems that can arise sh ..read more

For most people, being involved in a legal dispute is nothing but a headache, especially if the dispute is going to court. While having competent, full service legal representation can make the process much easier, the prospect of going to trial is enough stress to be overwhelming. Court processes can prolong disputes while litigants anxiously wait for appointments and face Covid-19 backlog related delays. Alternative dispute resolution (ADR) is attractive to litigants because it offers a means of dispute resolution that avoids the courts altogether, often saving considerable time.  Most ..read more

In British Columbia, couples that have already firmly agreed on the terms of their divorce can save time and money by filing for a desk order divorce. This saves the couple from having to appear in front of a judge to obtain a divorce order. While it may sound like this process is a path to a “simple divorce”, couples should be warned that the vast majority of applications for desk order divorces are not accepted by the courts because the paperwork was not done correctly. If you are unsure if a desk order divorce is right for your divorce, have a look at our blog post on which situations they ..read more

The Covid-19 pandemic and related lockdowns unfortunately resulted in a wave of divorces in British Columbia and around the world. In British Columbia, couples that have already firmly agreed on the terms of their divorce can save time and money by filing for a desk order divorce. This saves the couple from having to appear in front of a judge to obtain a divorce order. What Do I Need to Prepare? A desk order divorce is a great option for many couples seeking divorce because it saves them from dealing with some of the most inconvenient parts of the traditional divorce process. However, couples ..read more

Forty percent of marriages are expected to end in divorce within 50 years of marriage. The changes brought on by the Covid-19 global pandemic have only exacerbated these unfortunate statistics. Though many couples approach the divorce process cooperatively, the stress of the legal processes and appearing in front of a judge can create unique challenges. In BC, couples who have already agreed on the terms of their divorce can avoid appearing in the Supreme Court for a divorce order by completing what is known as a desk order divorce.  What is a Desk Order Divorce? Desk order divorces are i ..read more

A Vancouver couple went through a divorce after 17 years of marriage, and later had a dispute over the spousal support payments they had agreed to in their divorce agreement. After the divorce, their three children spent most of their time living with their mother. As outlined in the divorce agreement, the father was to pay child and spousal support to the mother. The agreement was followed according to the terms and conditions for nearly 14 years until the ex-husband chose to bring the agreement before the courts. He argued that he should not have to pay any more spousal support and should be ..read more