Family Law Articles

Category: Divorce

Registering your separation agreement with CRA

By on April 4, 2014 | Divorce

One of the main issues addressed by a separation agreement is spousal support.  If your separation agreement has spousal support payments being made, then you should consider registering the document with Canada Revenue Agency. The reason for this is due to the tax treatment of spousal support payments.  The payor of spousal support can claim […]

What type of Agreement do you need? Cohabitation Agreements to Separation Agreements

By on February 15, 2014 | Divorce, Marriage

Cohabitation Agreement, Prenuptial Agreement, Postnuptial Agreement, Marriage Agreement and Separation Agreement.  They are all legal documents between two individuals who are living together, whether they are married or not. How are they different?  Not by much.  In essence the difference is in terms of timing – when the agreement is signed. A Cohabitation Agreement is […]

The cost of court and out of court settlement

By on January 31, 2014 | Child Support, Divorce, Marriage, Restraining Orders, Taxes

There is an interesting article in the January 31, 2014 Calgary Herald titled “Triage desks planned for courthouses” (City & Region section, page A7).  The purpose of the triage desks is to provide litigants information about their case, and to suggest alternatives to court.  This is an excellent idea, and should be pursued. Of course, […]

17 Things to know about BC’s New Family Law Act

By on October 14, 2013 | Child Support, Divorce, Marriage

Here are some of the new provisions of the Family Law Act that I think are important to know if you live in BC.  The relevant section numbers of the Family Law Act are in brackets: Out of court settlement processes are encouraged (Division 1).  These include mediation, arbitration, collaborative family law, and parenting coordination […]

Timing and Process for Divorce Applications

By on August 23, 2013 | Divorce

Alberta and British Columbia both permit an application for a divorce judgment without the requirement of a court appearance.  In Alberta, these applications are referred to as “Desk Divorce Applications” and in British Columbia they are referred to as “Desk Order Divorce Applications”. Both applications require the preparation of several court documents, consent of both […]

 

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