Category: Family Law

Under s. 86 of the Family Law Act, debts existing at the date of separation are considered family debt and are to be divided between the spouses. All debts that were incurred by one spouse after the date of separation are not considered family debt and are not to be divided between the spouses unless…

The standard of proof in civil cases is the balance of probabilities. Conceptually, this means that if you can convince the court that the alleged event occurred with a 51% probability, then you should be able to succeed.

Imagine the following scenario:  The answer is that the courts have been divided on this issue.  REMMEM V. REMMEM In the case of Remmem v. Remmem, 2014 BCSC 1552, the court found that the entire value of the home was “excluded” family property and used “tracing” rules to justify its decision.  See para 52 below: …. PRESUMPTION…

When the government intervenes in order to protect a child, the government acts under the authority of the Director of Child, Family and Community Service Act (the Director).

The term "custody" is not defined in the Divorce Act. Rather, the term is defined in the case law.

Appearing in the January 2015 edition of The Advocate is the article by Susan Boyd and Catherine Whitehead, Spousal Support Under British Columbia’s new Family Law Act: A Preliminary Analysis. The authors state that there have been at least 30 decisions dealing with the issue of Spousal Support under the Family Law Act. There have…

Q: Am I able to move somewhere else with my child? Do I have to inform the court of my intention?

Q: Is there such thing as a legal separation?

In any separation, the court is generally most concerned about preventing Family Violence and ensuring that the children’s well being is protected. Family Violence is a defined term in the Family Law Act.

The division of Family Property in British Columbia is governed by the Family Law Act. The framework is the same for common-law couples (i.e., have lived together in a marriage-like relationship at least 2 years) and married couples.