Archive for month: February, 2015

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Mediation: An effective means of solving family law matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Thursday, February 26, 2015.

Mediation has been used by families in British Columbia for several years and has become a preferred means to decide important issues such as property division and child custody. In order for spouses to achieve the best possible outcome from mediation, it is important that both parties act in good faith.

The mediator will function as an impartial person and will work to understand the concerns of both parties. In other words, the mediator will focus not only on what a person wants, but why he or she wants it. With this understanding, the mediator may help both parties find creative solutions that will meet their needs, as well as their children’s needs. If the mediation process is successful, both parties will come away with a legal agreement that they can live with for a long time.

Mediation is a voluntary process, and spouses are free to end mediation and take the case to court. If the parties complete the mediation process, it is a good idea for both parties to have a lawyer review the resulting settlement. This may help to ensure that the interests and rights of the spouses are protected.

Mediation has grown in popularity because it is an effective and efficient means of resolving family law issues. However, mediation does not guarantee that the resulting agreement will be fair. A lawyer may represent an individual during the mediation process to make sure that his or her rights are being protected. To learn more about the mediation process and why it can be an effective tool for creating a divorce agreement, visit our website.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

How divorce affects a person’s income tax

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Wednesday, February 18, 2015.

Readers who are considering divorce in British Columbia may be wondering how their income tax might be affected once the divorce is finalized. The answer to this question may be complicated, depending on the person’s situation. For example, as part of the division of property, a residential property might be sold. The property could be designated as the primary residence, which would allow the owner to shelter the capital gain generated by the sale from tax.

If a couple owns more than one property, such as a condominium in the city and a cottage in the country, it may be possible to shelter a portion of the capital gain tax on each property by declaring each one a primary residence for a portion of the total time that the couple owned the properties. This protection from taxation is due to the principal residence exemption provided in the tax code. However, a homeowner or family unit can only designate one property per year as a principle residence.

If a divorce occurs, any tax-shielding years claimed by the couple will still apply to the individuals. For example, a family that owns two properties for 10 years and sells one may apply the exemption to that property. If they divorce, one party may take possession of the second property. If that person chooses to sell that property after five years using the exemption, they will still be required to pay taxes for the other ten years that the property was owned before the divorce because those years were claimed previously.

Individuals who own multiple properties, stock portfolios, retirement accounts and other assets may face difficulties in assessing, valuing and dividing their complex estates. A lawyer with a background in high-asset divorce may have in-depth knowledge regarding the complexities of this type of property division. Throughout the divorce process, a lawyer may work to protect an individual’s interests and ensure that the finalized divorce agreement is equitable and fair.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370

Interim division of property prior to a final divorce order

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Thursday, February 12, 2015.

When a couple in British Columbia chooses to divorce, both parties are considered responsible for martial liabilities and entitled to marital assets, according to provincial statutes. Prior to the finalization of a divorce order, each spouse is entitled to apply to the courts for an order for an interim distribution of marital, or family, property. If granted, the order can provide funds to pay for legal proceedings, dispute resolution or to obtain evidence or information in support of an application to a court or dispute resolution.

In addition, the court may make an order that grants a spouse use or possession of the specific personal property, which is stored at the family residence, or exclusive occupation of the family residence. Such an order will be granted for a specific time and can apply to either leased or owned property. A spouse is not permitted to make significant alterations to the property during that interim period. Additionally, the court may order the postponement of any planned sale or partition of the property while the interim order is in effect.

An interim order can help provide financial stability for a spouse until the divorce agreement is finalized. A lawyer with a background in divorce cases can explain how an interim division of property order may be obtained and could help with the application process. Once the order is put into place, the spouse can move on with the divorce process.

A lawyer may also help negotiate a fair divorce agreement that is in the best interest of the spouse and his or her children. Once an agreement has been reached, it might be subject to approval by a judge. In most cases, judges will support an agreement as long as both parties are in favor of it.

Coquitlam BC Real Estate Lawyers

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370
www.laughlinlaw.ca/

Parenting arrangements and extraprovincial orders

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, February 5, 2015.

When a custody case is being filed, one of the first considerations is finding the appropriate jurisdiction. Even if a child has recently relocated to British Columbia with his or her parent or parents, if the move has been recent, the appropriate jurisdiction to hear the matter may be the child’s former province of residence.

A court outside of British Columbia having jurisdiction over a child custody case is termed the extraprovincial tribunal. British Columbia courts will also respect parenting arrangements and child custody orders that have been issued in other provinces or countries, provided that those orders were issued by a court having jurisdiction and that both parents had notice and an opportunity to be heard.

In the event more than one province may have jurisdiction to hear a child custody and parenting-time case, a court in British Columbia may still hear the case if the child is a resident of British Columbia at the time the application is made. The British Columbia court may also hear the case if the court finds that the child is present in British Columbia at the time of the application even if the child does not typically reside there. There must also be substantial evidence existing in BC in regards to the best interests of the child and a case must not have already been filed in an extraprovincial court.

Jurisdictional issues sometimes arise in child custody cases depending on the living arrangements of the child and the parents. When people are unclear about which jurisdiction is the appropriate for their case, they may want to speak with a family law lawyer. A lawyer may be more familiar with how jurisdiction is established for child custody and parenting arrangement cases. The lawyer may then help file the petition in the appropriate court.

Laughlin & Company Lawyers Mediators
2755 Lougheed Hwy #710, Port Coquitlam, BC V3B 5Y9
(604) 945-4370