Archive for month: May, 2016

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Can property you buy after the separation be martial property?

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Tuesday, May 31, 2016.

Property division can be extremely complex, and there are many misconceptions about what is or is not marital property and therefore subject to the divorce settlement. While many people are aware that the property that either spouse bought during the course of the marriage may be considered marital property, they may not be aware that property bought after the separation date may also be subject to British Columbia’s property division guidelines.

While it may seem counterintuitive that property you buy you and your ex are already separated can be marital property, it is very possible. The determining factor is what funds you use to make the purchase. If the funding for the purchase comes from marital property, such as a joint bank account or monies from selling marital property, the item purchased can be considered part of the divorce settlement.

The best way to ensure that property you purchase during the separation period is not included in your divorce settlement is to make it very clear that no marital funds or assets were used. Money from a single bank account where only your income is deposited would be a good source. Funds that are excluded from marital property division, such as inheritances or gifts from a third party would also likely be safe.

If you are planning on making any large purchases during the separation period or have questions about property division, it’s important to get information from an experienced lawyer in British Columbia. Understanding how the courts are likely to assess your assets makes it easier to protect your financial interests.

Source: BC Laws, “Family Law Act Part 5 — Property Division,” accessed May 31, 2016

Real Estate Lawyers Coquitlam

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

Can criminal charges impact a family law case?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Tuesday, May 24, 2016.

Those who have made some mistakes in the past often worry whether criminal convictions or even charges may be held against them in a custody case. The short answer to this question is maybe, but it really depends on the nature of the charges, what happened in the criminal courts and when the offenses occurred.

For example, convictions related to family violence, assault, or drug or alcohol-related offenses may impact your chances of being named a guardian by the British Columbia family courts. It’s important to note that the Family Law Act means that parents are not automatically considered guardians by the courts. This is most applicable to a situation where the parents were never married and the child has been living with one parent.

In these cases, the nonresidential parent will need to show that being named a guardian is in the best interests of the children. If the parent is a guardian, they will have parental rights and responsibilities. If not, they will usually be limited to “contact time” specified by the courts.

Your ex can and may bring up your criminal record or pasts arrests in an attempt to show that you should not be granted custody. However, this doesn’t mean that you are without options. If the convictions are not related to family violence or other violent offenses and there is no danger to the children in your care, you may have a good case to present to the courts. It’s important to talk with a lawyer and be completely open and honest about anything in your past that may come up.

Source: The Continuing Legal Education Society of British Columbia, “An Overview of the Intersect between the Family Law Act, Criminal Code and the Ministry of Children and Family Development,” accessed May 24, 2016

Lawyer Coquitlam

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

Post-divorce planning: Spousal support and settlement payments

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorceon Thursday, May 19, 2016.

High asset divorces often involve substantial settlements as well as long-term spousal support. It’s normal to get caught up in how much you will be paying or receiving, but there are other important details that you should be sure you understand before you agree to anything.

If you are the party receiving a bulk payment or spousal support payments as part of the divorce settlement, it’s important to understand how this money will affect your financial future. Planning is critical. Questions to ask your lawyer include when you should receive any bulk payments, such as your share of your ex’s retirement account, how long the spousal support will continue and what to do if your spouse doesn’t make these payments as he or she has been ordered to do.

For those making the payments, understanding the timing is also crucial. In some cases, you may need to make a bulk payment to your ex as soon as just a few weeks after the divorce. Some people think that their ex’s share of the retirement assets doesn’t get paid until the person actually retires, but this isn’t usually true. Knowing when the payments are due is just as important as knowing how much they will be.

Sometimes people get caught up in the fighting part of the divorce and don’t adequately prepare for what life will look like when the papers are finally signed. If you have questions about what your settlement means for your future or what to do if you think a proposed settlement is unfair, we can help.

Lawyers Coquitlam

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

What is Parenting After Separation?

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On behalf of Laughlin & Company Lawyers Mediators posted in Divorce Mediation on Friday, May 13, 2016.

Divorce mediation can be an excellent option for parties who want to end their relationships but without all of the fightings. The mediation process can be especially helpful and beneficial for divorces or separations involving children. The less strife and contention surrounding the divorce, the easier it may be for the children to transition.

However, what happens when the divorce settlement is almost ready to be signed? How can you keep that atmosphere of teamwork and looking out for the best interests of the children as you move into your new lives? One of the things that the family courts believe can help with this is taking the Parenting After Separation session, which is required for most divorces with children.

Most people are required to take the Parenting After Separation session early on in the divorce process. However, there are some exceptions. If you are filing a consent order or have applied for a protection order you may be automatically exempted. Other situations that may result in an exemption include an immediate risk to you or your child’s safety, the presence of a serious health problem or you have taken the session already within the past two years.

The Parenting After Separation session will help you learn how to extend the respect and civility of the mediation process to your new family dynamic after the papers are signed and everything is finalized. It may also help you and your ex-understand the importance of working as a team to successfully co-parent your children. If you have questions about the Parenting After Separation session or the divorce mediation process, we can help.

Source: B.C. Government, “Do I have to take Parenting After Separation?” accessed May 13, 2016

Lawyers Coquitlam BC

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

Important parts to include in a court order

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Support on Thursday, May 5, 2016.

A formal court order is one of the most important things you can have in your child support case. It protects both the parent paying the support and the parent receiving support because it ensures that there are specific parameters for the payments. Either party violating these parameters may result in the case having to go before the court and negative consequences for the parent who is not following the terms. Because of this, it’s important to make sure the agreement is thorough and covers all of the different elements.

The court order should include the basics, such as which parent will be paying the child support and who will be receiving it. The order should include the names and ages of each child subject to the support order as well as when the payments are to start and whether anything needs to be backdated. Other important things to include are how often the payments should be made, the exact amount of the payments and at what date the payments will end.

In addition to the formal court order, there may also be the child support worksheet attached. This form lists the income for both parents as well as any pertinent expenses or adjustments. If these numbers change significantly as time passes, it may be grounds for a review of any change to the child support order.

Sometimes, there are cases that involve children who require special or extraordinary expenses. These should be stated in the order and include the type of expense, which child it relates to and how much each parent will be responsible for. An experienced attorney can review your child support agreement and note any areas that may need a closer look.

Source: Family Maintenance Enforcement Program, “Obtaining a court order,” accessed May 05, 2016

Coquitlam Law Firms

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