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Family Law Amendment Act 2023

Thu, 22 Jun 2023 15:36:57 GMT

On May 11, 2023, the Family Law Amendment Act came into effect. One notable change is the treatment of excluded property transferred to a spouse.

Excluded property are assets a party may claim exempt from division as family property, which include pre-relationship assets and gifts or inheritance recived by a spouse. Over the past decade a hotly contested issue in family cases was whether an excluded asset remain excluded after it is transferred to a spouse. The overarching principle from the caselaw was to look to the intention of the transferring spouse to determine whether they intended a gift or sharing of the exclusion to the other party. The amendments to section 85 of the FLA is an attempt to end the uncertainty on this issue by expressly preserving a party's excluded property despite a transfer of that property to a spouse. These changes do not apply to any pre-existing family proceedings started before the amendments were enacted (May 11, 2023) or cases started after that date but to vary a family agreement that was entered into before the amendments.

The amendments are otherwise applicable to all cases commenced from May 11, 2023 onward. It will be interesting to see how litigants and family lawyers react to the changes and whether there will be a shift in strategy and litigation over the discretionary provisions in the Family Law Act that allow unequal division of family property, and division of excluded property when it is significantly unfair not to do so. Presumably those sections would be another avenue for spouses to seek a greater division of assets notwithstanding excluded property claims.

Expansion to Langley and the Fraser Valley

Fri, 24 Feb 2023 14:36:45 GMT

Expansion to Langley and the Fraser Valley

England Lam is growing and expanding to meet the increasing demand for our family law services thoroughly the Metro Vancouver and Fraser Valley areas. We are thrilled to announce the opening of our second location in the heart of Langley.

We look forward to being part of the Fraser Valley community and providing accessible and quality family law services to this community.

Our Langley office is located at 2 ^nd Floor, 8661 201 Street, Langley, BC V2Y 0G9.

You may reach us by email or phone at info@englandlam.com and (604) 546-7426 .

Divorce: How to Split Assets After a Separation

Mon, 02 May 2022 22:20:37 GMT

Who gets what in a divorce? Great question—but the answer isn’t always so straightforward.

If you’re going through a common-law or marriage separation in BC, you may feel overwhelmed with the abundance of information being thrown your way. Things like:

“Who gets the house?”
“Do I have to share my inheritance?”
“What happens to the cottage I bought before we got married?”
“Do I have to split my savings?”

Property Division in BC falls under the Family Law Act —legislation put in place in 2014 to ensure the division of family property can be done as fairly and simply as possible. Even with the changes, the division of property can be confusing and fraught with issues. An experienced lawyer at England Lam Family Law can assist you in understanding the law, the intricacies of property division, and maximizing the amount that you receive in a settlement. A knowledgeable family lawyer is an excellent investment in your financial future.

Read on to learn how to split assets during divorce in BC, the key differences between family property and excluded property, what happens to property owned before marriage in BC, and how to navigate through inheritance and divorce in BC.

Family Property and Excluded Property in BC

If you and your partner have been married or living common-law relationship and you decide to separate, there are laws in place that state how your assets and debt should be divided. The Family Law Act classifies assets into “family property” and “excluded property”. Family property is generally divided equally between the spouses whereas excluded property is generally not divisible.

What is Family Property?

Anything that you or your partner owns (jointly, solely, or jointly with a third party) on the day of your separation is considered family property unless it is excluded. In most families, family property includes:

Your family home
Other real estate
Investments
Bank accounts
RRSPs
Funds in pension plan
Insurance policies
Businesses

Even if only one of you own or have a beneficial interest in any of the above assets, in the eyes of the law, it’s considered family property.

What is Excluded Property?

The Family Law Act contains a list of exclusions a spouse may claim. The most common excluded property we see in family cases are:

Pre-relationship assets
Gifts or inheritance to one spouse
Insurance settlements or Judgments except for that portion to compensate for a spouse’s loss of income

If the value of the excluded property increased while you were living together, the value of that increase becomes part of the family property and would be divided equally.

For example, if you owned a lakeside cottage prior to moving in with your partner or common law spouse, and the value of the cottage increased by $50,000.00 since the day you moved in together, you’re now obligated to give your partner their share, which in this case would be $25,000.00. But if the property in question didn’t increase in value at all, you wouldn’t owe your partner anything for that cottage.

Excluded property includes any property that was purchased with excluded property. In other words, if you have an exclusion that is traceable to an existing asset at the time of separation, you can still claim the exclusion. Tracing the value of an excluded property can be a complicated process. If you need more information, the team at England and Lam Family Law can help.

What if My Partner or Common Law Spouse Gave Me the Excluded Property?

There are some cases where excluded property may become family property when it can be proven that the partner’s intention was to gift away or share the exclusion with his or her spouse.

For example, Sue inherits $10,000 from her grandfather’s estate. She deposits those funds into the parties’ joint chequing account where both of their employment incomes are deposited and where the majority of their family expenses are debited. In such circumstances, the court may find that Sue intended to share the excluded property with her partner given the parties’ equal access to that account. Another problem that arises for Sue in this scenario is that she may not be able to trace her exclusion even if she can prove that her intention was to keep her excluded property separate.

To avoid the possibility of having excluded property become family property down the road, be sure to have a legal written agreement between yourself and your partner agreeing on anything that should remain excluded property, including:

Gifts or money from family
Inheritances
Any excluded property (such as the money you saved prior to living with your partner) that you have put into family property (such as the home you bought together)

If you have questions about a particular scenario regarding excluded or family property, it’s always best to get legal advice before taking action.

What is Family Debt?

During your relationship, any debt incurred by either spouse is considered family debt and both partners are equally responsible for it, regardless if they’re married or living common-law, or if one partner’s name isn’t listed on the debt. The best way to avoid joint debt is by way of agreement, such as a cohabitation agreement, or marriage agreement . Family debt can include:

Money borrowed from family members
Overdrafts
Lines of credit
Credit cards
Loans
Mortgages
Income tax
Repair costs incurred for improvement of property

If any of the above is used to take care of family property after spouses separate, it would also be considered family debt and therefore shared.

Can There Be Unequal Division of Family Property in BC?

Sometimes, yes. When dividing assets and property during divorce, the courts will only consider dividing the property unequally if there are factors deemed “significantly unfair” for one partner to receive an equal share. This is a high threshold to meet. There are many factors the courts may take into consideration before deciding whether unequal division of debt or property is necessary, which include but are not limited to:

The length of your relationship
Any signed and witnessed written agreements
The reason(s) for having family debt
If the family debt has higher value than the family property
Each partner’s ability to pay down the debt (stay at home moms or dads would have a harder time paying off the debt)
If one partner increased or lowered the property value or family debt after separation
A spouse’s contribution to the career or career potential of the other spouse
Tax liabilities that may be incurred as a result of a transfer of assets

If it seems reasonable for either you or your partner to have an unequal division of assets, property or debt, you can mutually agree to the unequal division to make things a little easier on everyone involved.

England & Lam: Your Advocate When You Need It Most

Are you looking for trusted advice on how to navigate the world of separation and divorce in Vancouver, BC? The team of property division divorce lawyers at England & Lam can walk you through the best ways of protecting yourself, your family, and your assets during this difficult transition.

You don’t have to do this alone. Contact us today to book your free consultation

8 Tips On How To Prepare for a Peaceful Divorce

Wed, 16 Mar 2022 22:38:16 GMT

Going through a divorce can be devastating. You may feel lost, unsure of how to prepare for a divorce, or how to even start the process.

Read on to learn how to mentally prepare for a divorce using our checklist and how to connect with our team . We take pride in being one of the best separation and divorce lawfirms in Vancouver.

1. Communicate openly and honestly

If there are aspects in your marriage that are beyond repair, speak with your partner gently. Often, one person in the relationship clings to hope that the marriage can be saved. Be as clear as possible when talking about your feelings to avoid making any confusing decisions. It’s important to keep the lines of communication open and honest to ensure an amicable divorce

2. Look past your immediate marital problems to determine the best outcome for the future

Heated feelings “in the moment” can blind you from seeing what your current decisions will do for your future. Hasty decisions can affect important things like:

The goals and priorities for yourself and your spouse
If children are involved, their physical, financial, and emotional needs
The type of parenting you want for your children
How to work out a co-parenting relationship after divorce, so each parent can continue loving, supporting, and nurturing the children
How to give the children the best of both worlds

3. Prepare your children for divorce

Let your children know your separation is not their fault. They need to understand that this was an adult decision made solely by both parents
Be clear that this is a permanent decision and you won’t be getting back together
Reassure them often that you both love them and that their care is important to the both of you

4. Calmly discuss issues

When dividing possessions, talking about financial preparations, and setting the children’s schedule, remain calm. If one of you starts to get upset, it’s time to take a step back and continue when emotions have passed. Whether this takes a few minutes or days, there’s no point in having a discussion that stems from anger or resentment.

5. Take time to think about important questions and statements before responding

Don’t offer quick answers
Make notes and repeat the statement to confirm you understand it properly
If you still don’t have an answer, ask for more time to think about it—don’t be hasty
Talk to a family lawyer and get legal advice for you and your family's situation

6. Don’t turn disagreements into who’s right or wrong

This only leads to anger, defensiveness, and puts everything on hold. Try to look at disagreements as an unmet need that are neither right nor wrong.

7. Remind yourself and your spouse that you’re looking for a peaceful outcome

There are many reasons to seek a peaceful outcome for your divorce. Discuss which method might be best to get you there. A mediation service is a less aggressive alternative to going to trial.

What Happens in the Mediation Room?

During mediation, a third-party mediator helps people reach agreeable decisions in terms of settlement. The mediator stays neutral by not offering any legal advice or making any decisions. They're simply there to be the go-between for respectful conversations. Both parties may have their divorce lawyers present during mediation meetings.

8. Understand divorce is emotional

Turn to family, friends and professionals for support during this emotional time. The end of a relationship is often associated with that sense of loss and can lead to sadness, depression, anger, and/or resentment. These are all normal feelings and are part of the grieving process.

It’s not always easy to reach a peaceful outcome when going through a divorce. Since everyone’s situation is different, it’s best to reach out to a divorce lawyer to help you work out your divorce issues.

Some divorce lawyers in Vancouver offer a free consultation to discuss the proceedings.

Ready to prepare for your divorce?

England Lam Family Law Firm in Vancouver can help get you and your family through one of life’s hardest transitions.

Get in touch with us today to learn how you can prepare for a peaceful divorce.

How To Find A Good Divorce Lawyer In Vancouver

Wed, 16 Mar 2022 22:27:40 GMT

Choosing the right divorce and family lawyer can be daunting. With so many questions and worries running through your mind, it feels like so much is at stake.

You may be going through a family matter right now and feeling bitter and angry right now, but try not to let your apprehension consume you. Easier said than done, we know.

Read on for help finding a divorce lawyer in BC, specifically Vancouver, and what questions to ask before you commit.

How Do I Choose a Good Vancouver Divorce Lawyer?

When searching for a good divorce lawyer in BC, do your due diligence.

Start by doing your own research. Read online reviews and visit local law firm websites to narrow down the selection of family lawyers in your area. While reviews are a good starting point, great ratings don’t tell the entire story.

Next, make a divorce consultation checklist, and prepare a list of qualifying questions to ask during the initial consultation. How lawyers answer these questions will determine their experience and qualifications, and whether they’re a good fit for you.

When your future’s at stake, a good divorce lawyer in Vancouver is one of the most important people to have in your corner. Opening up about your personal life with someone new can be difficult and emotionally straining, but it’s always best to be upfront and honest with your lawyer to get the best results possible.

So how do you know if you’ve found a good one?

Checklist For Finding A Good Lawyer in Vancouver

Look for these key indicators when speaking with an attorney:

They’ll be patient and will listen attentively to your story
They’ll be eager to do what’s best for you within the legal system
They’ll aim to portray a positive image of you to the judge or mediator
They’ll be honest about you wasting your money on needless fights and sway you from things that aren’t in your best interest
They’ll want to present your story in a legally effective way
They'll be transparent about the divorce cost

You can put your trust into an experienced family lawyer who will:

Empathize with your story and understand your priorities
Never make you feel judged
Provide you with their candid and objective legal opinion as to your legal rights and obligations arising from the separation
Keep you informed through every stage of the separation
Be clear and confident about the law
Help determine child support and spousal support payments, and the child support age requirements according to government guidelines
Advocate for your rights and wishes
Provide valuable advice related to family property and assets
Keep all discussions confidential

How Much Does a Divorce Lawyer Cost in BC?

This is an important question to ask when hiring your divorce lawyer. While there usually isn’t a one-size-fits-all answer, look for someone who’s upfront and transparent about their costs.

Most Vancouver family lawyers charge between $200.00 to $550.00. The rates fluctuate according to years of experience.

When In Doubt, Ask

Are you looking for a trusted Divorce Lawyer in the Vancouver area? Our team of family lawyers recognizes your situation isn’t easy—so we do whatever we can to support you and lessen your stress during this difficult time.

Get in touch with England & Lam to answer all your questions and start feeling at ease with any doubts you have.

Options for Parents that Disagree on the Issue of COVID-19 Vaccines

Mon, 17 Jan 2022 14:59:55 GMT

Health Canada has recently approved COVID-19 vaccines for children aged 5 to 11. However, there remains disagreement among many parents on the question of whether to vaccinate their children. Over the past couple of years, parents have been raising this issue before the courts of British Columbia and, in virtually all cases, the courts reaffirmed the safety and efficacy of the vaccine.

The courts have accepted that current vaccinations administered in BC are safe for people ages 5 and up. Judges have come to this conclusion after reviewing scientific evidence endorsed by government and public health authorities.

Can My Ex Refuse to Have Our Child Vaccinated?

When parents have shared custody of their children in BC, it usually means they have joint decision-making authority. In most cases, each parent may exercise all parental responsibilities respecting the child in consultation with the child’s other guardians.

When parents can’t come to an agreement on their own, the courts may step in. Under the Family Law Act , the court is required to focus on the best interests of the child, which may not always align with the interests of their parents. The parent looking to have their child vaccinated may apply to the court for the parental responsibility to decide whether or not their child gets vaccinated.

Both parents will have the chance to argue what vaccination status is in the child’s best interest. An assessment of the child’s best interests may include consideration of any underlying medical conditions, allergies, or any specific instance that would put the child at risk with or without the vaccine.

After hearing both parents’ concerns, the court will turn to the recommendations of public health authorities, including that of the BC Center of Disease Control (BCCDC) , to assess the safety of publicly funded vaccines. In previous decisions, the courts have accepted the following facts regarding the COVID-19 vaccine:

The vaccine is safe for persons ages 5 and up;
The vaccine effectively reduces spread of infection in the community;
People who are unvaccinated are more likely to be hospitalized or die of COVID-19;
and people who are vaccinated are significantly more protected from severe outcomes of COVID-19.

As such, the courts have found that, unless there is specific evidence in the child’s medical history that the vaccine would be harmful to the child, it is in the child’s best interest to be vaccinated against COVID-19. In most instances, the family courts in British Columbia will rule that the parent wanting to get the vaccine for their child will have the authority to do so.

Further, if a parent is unvaccinated, the court may consider ordering controls and restrictions of that parent’s access time to mitigate the child’s risk to COVID-19 exposure. In recent cases, the courts have ordered reduced visitation hours and have required visits to be held outdoors while wearing masks. In those cases, the restrictions were only to be lifted once the unvaccinated parent and child received vaccinations.

Let Us Help Keep Your Family Safe

It’s a fact of life for parents, separated or not, to have some disagreements when it comes to parenting. But arguing over the health and wellbeing of your children can cause unnecessary stress, pressure, and anxiety on both parents and the kids involved.

The goal of co-parenting is to keep your children healthy—emotionally, physically and mentally. If you and your ex are constantly fighting about child vaccination, we can help. Options for keeping your family safe and mitigating risk include:

Applying to the court for the decision-making authority to have your child vaccinated;
Participating in an alternative dispute resolution process, such as mediation, to decide on issues concerning COVID-19;
Meeting with medical professionals, such as the child’s family doctor or nurse practitioner, to speak about the safety of vaccines; and
Varying terms of access if a paren t is unvaccinated. This may include reducing visitation hours, requiring mask-wearing, holding visits outdoors, and limiting access to other friends/family who are unvaccinated.

The team at England Lam Family Law can help your family co me to a peaceful resolution.

Contact our team of Vancouver family lawyers today to book your free consultat ion.

Do You Know If You’re In A Common-Law Relationship?

Wed, 20 Oct 2021 17:54:36 GMT

Regardless of how secure you think your relationship is, it’s important to know and understand its legal status since you may be considered common-law in Canada.

You may be thinking, “I was never in a common-law relationship.” But, how can you prove this?

If you’re looking to protect yourself and your assets, you’ll need to prove that you never were in a common-law relationship with your current partner. We get numerous inquiries on a daily basis from couples who have disagreements over whether they were common law or not. This is where an experienced Vancouver family lawyer can help.

Keep reading to find out how common-law relationships work in Vancouver, and how to protect yourself with a cohabitation agreement in BC.

How Does Common-Law Work?

After a time period of living together, you often hear people refer to themselves as being in a “common-law” relationship, or having a “common-law” partner, but in legal terms, what does this really mean? The BC Family Law Act states you could be considered common-law if:

You’ve lived with your partner in a marriage-like relationship for at least 2 years continuously OR
You’ve lived together for less than 2 years, but you have a child together

If either of the above situations suits your relationship, the Family Law Act considers you and your partner to be spouses—a.k.a—in a common-law relationship. This is when certain rights come into play, such as spousal support and division of property or debt. Although in the latter scenario - common-law by reason of having a child together - will not in itself give rise to an entitlement to division of property and debt.

How Do You Prove You Are Not Common-Law?

Entering into a simple agreement with your partner stating that you’re not in a common-law is usually not effective on its own. If you do not have any children together, the actual circumstances of the parties will be considered to determine whether the parties were in fact living in a "marriage-like relationship" for at least 2 years. A judge will look at the following :

Valid proof that you haven’t lived together for over 2 years
Not having a child together
Whether you had intimate relations
Whether you took care of each other akin to spouses
What your family and friends referred to the two of you as
What you publicly referred to each other as
Keeping your finances separate (no joint bank accounts or shared chequing accounts)
Your relationship status on your tax return
Where your mail was delivered
Whether you own, lease, or rent any joint property
A cohabitation agreement
Your testamentary wishes and estate plans

If things are getting serious with your partner, a cohabitation agreement is a legal document that can help protect your rights and assets in the future. Talk to a family lawyer in the Vancouver area to help you make sense of it all before taking the next step in your relationship.

What Is A Cohabitation Agreement in BC?

A cohabitation agreement in British Columbia is a legal contract for partners who are about to, or who already are, living together. Its purpose is to protect both parties in case of separation. The agreement is used to predetermine what would happen in situations like:

Property rights and division
Spousal support
Household expenses
Joint assets or personal property
Assets (joint or otherwise)
Debt responsibilities
Rights to the other's estate

A good family lawyer will include things like:

How assets and debts will be divided upon separation
A spousal benefit, if applicable, or a waiver
Insurance policies
The date that cohabitation first occurred
Estate rights if one partner dies during or after separation
A list of all assets and debts and valuations at the time of thr agreement
Dispute resolution protocol

England & Lam: Helping to Protect You

It’s important you understand your legal rights, status, and options when it comes to your common-law relationship.

If you need trusted advice regarding your rights in a common-law relationship—or need help drafting a cohabitation or separation agreement in BC, we can help.

Contact our team of Vancouver family lawyers today to book your free consultation.

Cohabitation Agreements in BC: The Basics & More

Fri, 24 Sep 2021 14:20:12 GMT

If a relationship comes to an end, a cohabitation agreement can help decide what happens with the property, debt, savings, joint bank accounts, and other assets. These agreements are designed to minimize or entirely eliminate arguments that might result from the ending of a relationship.

There are plenty of benefits for common-law couples to create a cohabitation agreement, such as protecting family businesses, premarital assets, and preventing potential legal disputes.

In this blog, we’re going to go over what makes an agreement a cohabitation agreement, as well as provide some guidance on what to look out for when entering into such agreements in British Columbia.

What is a Cohabitation Agreement?

A cohabitation agreement is a legal contract that is signed by a couple before witnesses that determines the couple's financial rights and obligations when they break up, which often departs from how the law would typically operate. You should consider seeking legal advice before signing a cohabitation agreement, as it will most likely involve some level of compromise to your rights.

It’s worth noting that a cohabitation agreement is entirely optional. They are advised for couples who live together, but there is no legal requirement that one must be in place.

What Should I Look for In a Cohabitation Agreement?

Cohabitation agreements typically focus on property, other financial assets, and debts. An ideal cohabitation agreement will dictate what happens to these assets and responsibilities if the relationship comes to an end. Additionally, a cohabitation agreement may discuss spousal support obligations, such as providing ongoing spousal support for a period of time or a waiver of such claims.

You should look for a cohabitation agreement that thoroughly discusses debts, property, and other assets. Common examples of items included in a cohabitation agreement are:

Both people will retain whatever property was individually owned before living together
One person will have the right to live in the family home, even if only temporary
One person will or will not receive financial support, including discussing term lengths
One person will receive a certain share of the property acquired during a relationship

Your cohabitation agreement should directly spell out what will happen to any assets or debts that are held by either party, both before living together and acquired while living together, including increases in value.

What Cannot Be in a Cohabitation Agreement?

A cohabitation agreement in BC cannot discuss parental rights for children (born or unborn), including responsibilities, custody, or child support obligations. These items can be in the agreement, but they are not legally enforceable.

Discussing parental rights and child support payments is well worth doing, but there’s no legal purpose to including it in a cohabitation agreement.

How Do I Create a Cohabitation Agreement?

A cohabitation agreement should be prepared with a family law lawyer although it is not a requirement. The only requirement is that both couples sign the final copy, along with the signature of a witness.

The specifics of the agreement will be discussed beforehand. Many couples will create a general outline of what they’d like in the agreement before finalizing it themselves or with the assistance of a family lawyer.

Looking for a Cohabitation Agreement in BC?

Cohabitation agreements play an important role in mapping out the division of assets, custody, and other aspects of your relationship should it end.

We highly recommend consulting with a family lawyer for advice when it comes to a cohabitation agreement. It’s important to understand all of your rights and obligations under the agreement.

Are you interested in creating a cohabitation agreement for your relationship? Or do you have questions?

England Lam Family Law can guide you through the process. Check the frequently asked questions about cohabitation agreement on our website or get in touch with our team today to get started.

Should I Pay Child Support if My Child is Over the Age of Majority?

Fri, 24 Sep 2021 14:15:12 GMT

Determining if you should pay child support for a child that is over the age of majority is not as straightforward as you might hope.

The age of majority in BC is 19, meaning the biological or adoptive parent caring for the child that is under 19 should receive child support.

However, once the child turns 19, the situation becomes more complicated. If the child leaves the parent’s charge, then child support will end. But what happens if the child remains at home with a parent? Is the parent still legally obligated to pay child support?

According to the Divorce Act , a child over the age of majority is still considered a child of the marriage if the child in question is unable to obtain their own life necessities. This can happen due to illness, disability, or other causes. “Other causes” includes situations where the child is attending post-secondary schooling and has not yet moved out on their own.

What happens when a child is over the typical child support age but is still living at home? When does child support end in BC?

Below, are the factors that must be considered to determine whether you should still be paying or receiving child support. As these cases are fact specific, we encourage you to contact us to have one of our Vancouver family lawyers assess your situation and answer any questions you may have.

Factors to Consider When a Child is Over the Age of Majority

According to the Federal Child Support Guidelines , if a child is over the BC age of majority it is the responsibility of the parent seeking child support, to prove that the child is still legally a “child of the marriage” to be entitled to child support. This term is used to describe a child that may be over the age of majority but is still dependent on one of the parents for financial assistance.

There are several factors that courts consider when determining if a child over 19 is still considered a "child of the marriage", such as:

Is the child enrolled in post-secondary education, either on a full-time or part-time basis?
Has the child applied, or is otherwise eligible, for student loans and other forms of financial assistance?
Is the child pursuing a full time educational program education that is directly related to a future career?
Can the child contribute to their own support with income from part-time work or other level benefits such as bursaries and scholarships?
What is the child’s age?
What is the child’s history with education programs? Are they successful?
What were the parents’ plans for the child’s education?
Has the child terminated their relationship with the parent who is seeking support?

Family law courts will consider all of the above information when determining if child support should still be provided for a child over the age of majority.

So, Is Child Support Payment Owed?

You may need to contact a family lawyer to determine if a child support payment is owed in your unique situation. As discussed in the above section, the courts conduct a fact-specific analysis of the circumstances, and means and needs of the child and the parties when awarding child support for dependent adult children.

If you are unsure whether your situation attracts any arrears or retroactive child support payment, please contact our family law lawyers today.

Child Support in BC: 5 Common Questions & Answers

Mon, 26 Jul 2021 15:06:52 GMT

Unforeseen splits in the family are never easy—especially when they involve children.

The Federal Child Support Guidelines are in place to simplify the child support process, reduce disputes between family members, and ensure that children benefit from the resources of both parents at a consistent and predictable level.

Here are the most frequently asked questions when it comes to child support in British Columbia.

What is child support?

You’re probably wondering: what are the main types of child support in BC?

Here’s what you need to know. There are two main types of child support in BC: Regular Child Support and Special Expenses (also called s.7 expenses).

Regular Child Support is paid every month and is non-taxable to the recipient’s spouse

Special Expenses are different types of additional, reasonable expenses that are payable above and beyond what child support, or the person’s income, would cover. Examples include childcare, dental and medical costs, education including post-secondary education, and extracurricular activities.

What does child support cover in BC or Canada?

Child support laws in BC and Canada state that parents have a legal responsibility to financially support their children, whether they live together or not. Child support is the payment one parent makes to another parent. Typically, child support is provided to the primary caregiver of the child but child support may also be payable where the parents share parenting time.

Child support laws require a parent to provide financial support until their child is no longer classified as dependent. This may occur when they turn 19, but it is not uncommon for this status to continue beyond that age in certain circumstances where the child is unable to withdraw from their parents’ care. The most common example of this is where the adult child is attending a full-time post-secondary program.

Who pays child support? And does child custody affect child support?

Apart from an existing biological parent, child support can be payable to non-guardians and stepparents. Even though it is paid to the other spouse, it’s for the benefit of the child and should be used to cover the expenses the present parent would need to adequately raise the child. Additionally, the right to receive child support is the legal right of the child, meaning a parent cannot sign an agreement waiving the right to receive it.

In a shared parenting arrangement (where both parents have the child more than 40 per cent of the time) parents usually arrange an offset of child support.

This means that they calculate each of their child support amounts (according to a fixed formula in the Federal Child Support Guidelines) and based on the amounts payable, the parent with the larger income will end up paying more to the parent with the smaller income. If both parties have similar incomes, they may choose not to pay each other child support.

In a non-shared parenting arrangement, only the parent who has primary custody of the child will receive child support. Learn more here

How is child support calculated in BC?

The amount of child support owed depends on the case. Child support payment amounts are determined based on an individual’s income, how many children they have, and what province the payor parent lives in. All of this information is tracked on a fixed table contained in the Child Support Guidelines .

What age does child support end in BC?

The age of majority in BC is 19 years old. Therefore, children of separated or divorced parents who are 19 years old and under are eligible for child support.

There are, however, some exceptions that apply to those who surpass the age of majority (19).

England & Lam: Get child support help in BC

Would you like to learn more about child support guidelines, services and stipulations in British Columbia? We’re here to help. Contact us for a free consultation .

3 Questions to Ask When Hiring a Divorce Lawyer in Vancouver

Fri, 23 Jul 2021 19:35:30 GMT

Divorce is never easy. It’s proven that the emotional toll associated with divorce is similar to that of losing a loved one.

In 2020 alone, over 2.71 million people were legally divorced in Canada—a pandemic peak.

Yet, amidst such emotional trauma, the actions needed to separate and process a divorce linger over divorcees like a dark cloud. This may be your reality right now, and no matter how you may feel, the reality is, work must be done in order to maintain your rights and gain some sense of freedom and relief from the challenges you are experiencing.

That’s why you need help. That’s why you need a divorce lawyer.

It’s important that you find a representative that you trust and respect. Here in Vancouver, there are several divorce lawyers and law offices to choose from—but not all will have the same level of experience and expertise.

So, how do you find an excellent divorce lawyer in Vancouver?

Read on to learn what you need to know about the process, as well as a few critical questions you should ask to ensure you choose the right divorce lawyer in Vancouver for your case.

1. Does the lawyer practice family law exclusively?

If you are looking to hire a family lawyer, it’s in your best interest to ask them what percentage of their cases are divorce cases. Ask them if their law firm routinely handles divorce cases.

Get an approximate number of divorce cases that they handle each year, and based on that number, gauge whether you’re comfortable enough with their experience and capabilities to deal with your family matter. The law is constantly evolving with new cases coming down every day. A lawyer who practices exclusively in family law is more likely to keep abreast of these developments and use them to your advantage.

2. Are they open to the idea of mediation?

Before hiring a divorce lawyer, ask them if they are open to mediation or collaborative divorce.

In divorce mediation, you and your soon-to-be ex spouse hire an unbiased third party (a mediator) to resolve the overall issues in your divorce .

This approach is desirable because it gives the parties an opportunity to settle the issues on their own terms instead of going to court, which is not only costly, but fraught with uncertainty. Your family lawyer can assist you in your negotiations by advocating your position on your behalf, and providing you with legal advice throughout the process to ensure that you are making an informed decision in reaching a settlement.

4. Are they upfront with you about your potential case?

Asking this question will give you a sense of their understanding of your current situation, dedication to your case, and capacity to advocate for you.

Use this part of the conversation to see if this divorce lawyer is willing to level with you. Ask them, “Based on what you know, what are the strengths and weaknesses of my case?”

Looking for a Divorce Lawyer in Vancouver? Choose England & Lam

Divorce lawyers are essential to divorce settlements. The effort that you allocate to finding the right support during this difficult time will either lessen, or multiply the stress that comes with the reality of your divorce.

Our team at England Lam Family Law Firm in Vancouver can represent and protect your family through one of the toughest times of your life.

You don’t have to do this alone. You can move forward from this chapter of your life with integrity and pride, knowing that you made the best choice for you. Get in touch with us today if you’re ready to learn more about our family law services.

Top 5 Differences Between a Separation Agreement and a Divorce Order

Tue, 04 May 2021 15:51:52 GMT

Are you thinking about separating from or divorcing your partner? The process of ending a relationship is not an easy one. Here are a few of the most commonly asked questions regarding separation and divorce in BC.

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What Is a Legal Separation Agreement?

A legal separation agreement is a legally binding contract between a couple that covers issues such as parenting, child and spousal support, and property and debt division. Separation agreements are considered a faster and less costly way to settle these issues without going to court.

What Is a Divorce Order?

In Canada, divorce is the only legal procedure for ending a marriage. To be divorced, you need a divorce order under the Divorce Act . In BC, only the Supreme Court can grant this order. This is true even if you and your spouse agree on family law issues.

What Is the Divorce Rate in Canada?

Are you thinking about divorce? You are not alone. Every year, thousands of couples in BC file for divorce. According to Statistics Canada, more than 40% of Canadian marriages end in divorce, with the average marriage lasting 13.7 years .

What Is the Difference Between a Divorce Order and a Separation Agreement in BC?

The end of a relationship is difficult. We’ve cleared up some of the most common misconceptions between separation and divorce as well as separation agreements and divorce orders.

1. You can be separated and still married.

A separation occurs when two people who have been living together as a married or common-law couple decide to live apart (this can be true even if you are still living in the same home).

Married spouses can try to reconcile by living together for up to 90 days during the one-year period of separation without compromising their separated status. Divorce is the legal procedure for ending a marriage.

2. A separation agreement settles family law issues.

A separation agreement is a written and signed document that records how a couple has agreed to settle their family law issues. It is a legal contract and can be enforced by the court.

Separation agreements are an excellent way to save time and money while avoiding confusion post-separation.

3. You must show marriage breakdown to get a divorce order.

To get a divorce, you must prove marriage breakdown in one of three ways: you must have been living separately from your spouse for at least one year, or you must provide evidence of adultery or cruelty.

4. There is no such thing as legal separation.

In BC, married and common-law couples do not need to see a judge or lawyer to separate. However, it’s important to be clear on your date of separation because it can affect your rights to division of property, debt, and support.

5. You do not need a separation agreement to get divorced.

However, if you have children, the court will want to see evidence that reasonable financial arrangements have been made to ensure their safety and wellbeing. Having a separation agreement can also be helpful by expediting the divorce process.

Professional Legal Services for Separation or Divorce

Do you need advice from a BC lawyer with respect to the specific circumstances of your separation or divorce? We can help. Get in touch with England Lam Family Law to book your initial consultation today.

What's the Difference Between a Separation Agreement and a Divorce Order?

Wed, 07 Apr 2021 19:47:08 GMT

A separation occurs when two people who have been living together either as a married or common-law couple decide to live apart. For married couples, a separation does not end the marriage. The only way to end your marriage is through a divorce.

Whether you choose to separate or divorce affects many areas of life, including how you can divide property. Are you planning to leave your spouse? We’ve included a few frequently asked questions regarding separation and divorce in British Columbia.

What Is Separation?

The concept of “legal separation” does not exist. Instead, separation occurs when one partner decides to separate from the other and you begin living apart. Separation does not require you to see a lawyer, sign any documents, or visit a court.

Both married and common-law couples who wish to separate can decide what they want to do about property, debt, parenting time, and other key issues in a document called a separation agreement. If issues arise while deciding any of these issues, mediation remains an option.

Am I Separated?

In general, separation occurs when one partner wants to separate and you start living apart. However, you can be considered separated from your spouse even if you are still living in the same home.

Regardless of whether you were married or in a common-law relationship, there’s no one factor that proves you were separated. However, the court considers the following factors, among others:

Taxes filed together
Joint vacations
Shared household chores
Relationship counselling
Sleeping in the same bed
Socializing as a couple
Holding yourselves out as a couple to third parties

What Is a Separation Agreement?

A separation agreement is a legally binding contract between a couple that offers a written record of how they’ve settled important matters relating to their separation.

Keep in mind that you don’t need a separation agreement in order to separate. A separation agreement is usually thought of as a faster and less costly way to resolve key issues rather than going through the court system.

Separation agreements include details such as:

Property and debt division
Spousal support
Child support
Custody and access

Having a lawyer prepare and advise you on the agreement will help you understand your options, create potential resolutions, and ensure that your agreement meet the minimum requirements of enforceability.

Getting a Divorce

The only way for married couples to end their marriage is by receiving a divorce order from a judge. You may not have to go to court if you have court orders or a written separation agreement. In this case, you can file your own divorce using the right forms and submitting them at the court registry.

To begin your divorce, you must file a Notice of Family Claim (F3) or Notice of Joint Family Claim (F1) in the Supreme Court of British Columbia. To be eligible for divorce in this province, you or your spouse must:

Have resided in BC for at least a year before applying
Still be living here at the time of application

You must also have lived apart for at least twelve months, unless:

Your partner was physically or mentally cruel to you
You or your partner committed adultery

Divorcing on these grounds is difficult and requires proof, making it a more expensive and less certain option. The majority of couples wait one year.

If you have children, the court will let you divorce only if it appears you’ve made reasonable arrangements for them, meaning you’ve decided where they’ll live and who will act as the primary decision-maker. You must also show the court that you have made arrangements for child support that are in accordance with the Federal Child Support Guidelines.

Legal Advice for Separation or Divorce

Understanding Separation Agreements

Wed, 03 Feb 2021 18:53:42 GMT

What Is a Separation Agreement?

A separation agreement is a written and signed document between two spouses that wish to separate. A separation agreement addresses a wide range of family law issues and records how a couple has agreed to settle them.

Couples should consider a separation agreement for the following reasons:

The agreement is a binding legal contract between you and your spouse.
The agreement can be enforced by the court.
You have control of the final outcome.
It’s cheaper, quicker, and less stressful to resolve family law issues using a separation agreement than by going through the court system.

What Does a Separation Agreement Deal With?

1. Support and Parenting Arrangements

Separation agreements are designed to address a wide range of family law issues, including whether a spouse should receive financial aid, the amount and duration, and how the parties will manage the tax implications arising from such payments. This is known as spousal support.

When children are involved, a separation agreement can set out how children will be financially supported - child support and special expenses, with whom they will live, where they will live, how parents will share time with them, and how decisions affecting the children will be determined.

2. Property and Debt Division

A separation agreement can cover property and debt issues, including how family property and family debts will be divided between the parties.

The Family Law Act sets out what assets are considered family property, which debts are family debts and how these items are divided. In essence, when a couple separates, each spouse has an equal entitlement to assets that were acquired during the relationship as well as any increase in value of excluded property. The Act expressly sets out the categories of excluded property which are not divisible except for the increases in value. Some common exclusions are: property that was brought into the relationship, and gifts and inheritance. The Act also provides for circumstances that permit unequal division of family property, and division of excluded property.

Family debt is defined as any debt incurred during the relationship. Each spouse is typically responsible for half of this debt, although unequal allocation of such debts may sometimes be warranted under special circumstances in accordance with the Act. Debt incurred after separation may also come into play if it was incurred to maintain family property.

While the Act is the guiding regime in the negotiations on property and debt division, parties are free to deviate from strict adherence to the Act and reach a fair, and compromised resolution that works best in their circumstances. That is the beauty of entering into a Separation Agreement as it gives the parties control over the outcome.

3. Family Home Ownership and Usage

When spouses separate, one of the first issues discussed is what to do with the family home. It can be sold, bought out, retained by one party or some other arrangement.

Typically, most spouses decide to sell the family home and divide the sale proceeds, or allow one spouse to buy out the other based on an appraised value. Sometimes spouses may opt to hold off on the sale of the family home in order to allow the children to stay in the property for a prescribed period. This may entail one of the spouses living in the family home with the children or nesting - children remain in the home while parents take turns staying at the home. The spouse residing with the children may have to pay a larger share of the expenses related to the upkeep and maintenance of the family home as he/she gets exclusive use of the property.

Legal Advice on Separation Agreement

Separation agreements are meant to be permanent. That said, our provincial laws allow the courts to vary or set aside agreements under certain circumstances. For instance, if a court finds that a spouse did not understand the consequences or nature of the agreement with respect to property division, such terms can be varied or set aside. Getting legal advice and having a lawyer draft the Separation Agreement is key to significantly reducing the risk of a successful challenge to the agreement in the future.

Due to conflict of interests, spouses cannot share the same lawyer. For efficiency and cost-savings purposes, one spouse’s lawyer can prepare the agreement, while the other spouse can seek independent legal advice regarding its contents prior to signing. The parties may also negotiate the sharing of the legal fees involved with drafting the initial agreement.

If you wish to learn more about negotiating a separation agreement with your spouse, contact us at England Lam Family Law, to Book your initial consultation.

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8 Tips On How To Prepare for a Peaceful Divorce

Going through a divorce can be devastating. You may feel lost, unsure of how to prepare for a divorce, or how to even start the process.

1. Communicate openly and honestly

2. Look past your immediate marital problems to determine the best outcome for the future

3. Prepare your children for divorce

4. Calmly discuss issues

5. Take time to think about important questions and statements before responding

6. Don’t turn disagreements into who’s right or wrong

7. Remind yourself and your spouse that you’re looking for a peaceful outcome

What Happens in the Mediation Room?

8. Understand divorce is emotional

Ready to prepare for your divorce?

How To Find A Good Divorce Lawyer In Vancouver

Choosing the right divorce and family lawyer can be daunting. With so many questions and worries running through your mind, it feels like so much is at stake.

How Do I Choose a Good Vancouver Divorce Lawyer?

Checklist For Finding A Good Lawyer in Vancouver

How Much Does a Divorce Lawyer Cost in BC?

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Looking for a Cohabitation Agreement in BC?

Should I Pay Child Support if My Child is Over the Age of Majority?

Factors to Consider When a Child is Over the Age of Majority

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Child Support in BC: 5 Common Questions & Answers

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What does child support cover in BC or Canada?

Who pays child support? And does child custody affect child support?

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What age does child support end in BC?

England & Lam: Get child support help in BC

3 Questions to Ask When Hiring a Divorce Lawyer in Vancouver

1. Does the lawyer practice family law exclusively?

2. Are they open to the idea of mediation?

4. Are they upfront with you about your potential case?

Looking for a Divorce Lawyer in Vancouver? Choose England & Lam

Top 5 Differences Between a Separation Agreement and a Divorce Order

What Is a Legal Separation Agreement?

What Is a Divorce Order?

What Is the Divorce Rate in Canada?

What Is the Difference Between a Divorce Order and a Separation Agreement in BC?

1. You can be separated and still married.

2. A separation agreement settles family law issues.

3. You must show marriage breakdown to get a divorce order.

4. There is no such thing as legal separation.

5. You do not need a separation agreement to get divorced.

Professional Legal Services for Separation or Divorce

What's the Difference Between a Separation Agreement and a Divorce Order?

What Is Separation?

Am I Separated?

What Is a Separation Agreement?

Getting a Divorce

Legal Advice for Separation or Divorce

Understanding Separation Agreements

What Is a Separation Agreement?

What Does a Separation Agreement Deal With?

1. Support and Parenting Arrangements

What if My Partner or Common Law Spouse Gave Me the Excluded Property?

Can There Be Unequal Division of Family Property in BC?

England & Lam: Your Advocate When You Need It Most