Archive for year: 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

Prepare for the decisions that come with child custody matters

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Friday, April 29, 2016.

Child custody cases usually have very sensitive elements to them. These cases must always place the child as the priority, which is what parents usually want. Still, each parent likely has a different idea of what is best for the child. In these cases, we must come to an agreement about child custody so that you and your ex can move on with life and trying to make sure your child has a good childhood.

Just because you and your child’s other parent aren’t in a relationship any longer doesn’t mean that you can just ignore each other. Instead, you have a lifetime of working together ahead of you so that your child can thrive. Generally, you and your ex would both be the child’s guardians. This means that you will have to decide on various points about the child’s upbringing.

When you create a child custody agreement, you are making the backbone of your relationship with your child. You have to agree upon who will make the decisions about your child’s cultural upbringing, health care, and education. You also have to decide where the child will spend each holiday and where the child will live.

One of the most important things that you must remember when you are trying to work through matters relating to the custody of your child is that you have to be willing to compromise on some points. When you are preparing to start working on the custody arrangements, you should make a list of what points you will remain steadfast on and which ones you will negotiate.

Law Firms Coquitlam

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

Getting a better divorce settlement

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Friday, April 22, 2016.

While a divorce is often a very emotional process, many people are more prepared to deal with the anger, disappointment, and frustration of ending a relationship than boiling down their marriage into a list of debts and assets. However difficult it may be, the divorce settlement is one of the most important aspects of the divorce, and there are some things you can do to set yourself up for success.

Before you begin thinking about what you want out of the divorce, or even whether you want to go the traditional route or take advantage of the collaborative process, it’s important to talk with a lawyer. Realistic expectations and goals are important, and having a consultation can help ensure you are fully aware of what you are entitled to and your legal options to pursue it through the courts.

A key part of the process is to establish a team of experienced professionals who can guide you. For example, it’s common for parties going through a collaborative divorce to have financial experts who can help them better understand what their assets are worth, what a fair settlement may be and the property division options. Even though child custody and property division are separate issues, it’s important to consider the expenses related to the children in the settlement process.

Whether you are already in the midst of an adversarial divorce or curious about the collaborative process, talking with a lawyer in British Columbia is the first step. After your initial meeting, you will be more informed and better prepared to start making decisions.

Source: MoneySense, “How to get a better divorce settlement,” April 13, 2016

Coquitlam BC Law Firms

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

Does what I post on social media matter?

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On behalf of Laughlin & Company Lawyers Mediators posted in Child Custody on Thursday, April 14, 2016.

When you begin going through divorce proceedings — or just a custody battle in the case of unmarried parents — you begin questioning everything you do and day and wonder if and how it may affect your case. And rightly so. When you are involved in family court proceedings, everything is under scrutiny. With technology increasingly becoming a part of our daily lives, it’s easy to post something that could be used against you in court without even realizing.

The two main areas where a party’s social media posts can be problematic in the courts are when it comes to finances and child custody. Unfortunately, it’s quite common for people to try to lie about their incomes or attempt to hide assets. Maybe you know how much money your ex-makes a year, but he never told you about last year’s Christmas bonus. Social media posts that show a lifestyle inconsistent with the financial declaration in the case or that mention additional, unreported funds or assets can mean big problems.

Social media can also have a major effect on child custody cases. When you are involved in a custody battle, everything is fair game, from the pile of dirty dishes in your sink to who you went out on Friday night. Photos are especially easy for a lawyer to spin to their client’s best interests in a courtroom. When in doubt, don’t post it.

If you think you have posted on your social media accounts that could be used against you in court proceedings, it’s important, to be honest about it to your lawyer. Your legal team needs a full understanding of the situation to best represent you.

Source: The Huffington Post, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed April 14, 2016

Law Firms Coquitlam BC

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

High-asset divorce and property division

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On behalf of Laughlin & Company Lawyers Mediators posted in High-Asset Divorce on Thursday, April 7, 2016.

While the basic process of divvying up the assets and debts is the same no matter how much the assets are worth, things do get more complicated when you start dealing with high-value assets. In some cases, you may not even be aware of all of the assets that qualify under the Family Law Act. This is one reason why it is so important to discuss your case with a lawyer in British Columbia who can help you understand how the property division process will take place and how to make sure there is full financial disclosure.

The first step is always for both parties to make a list of all of the assets. For most people, this includes bank accounts, real estate holdings and any automobiles. However, those going through a high-asset divorce may also need to consider things like investment accounts, antiques, and any businesses either party owns.

The next step is to discern the value of each of these assets. It’s important to understand that an asset is valued based on the date the couple separates or is no longer living together. This is important to keep the divorce proceedings moving along. If the property division had to be restarted every time a property value fluctuated with the real estate market, for instance, it would make coming to a settlement very difficult.

Once the total value of the couple’s property has been calculated, any debts are subtracted off this amount. The resulting figure is divided in two and this would be the amount each party would get. However, this still depends on several factors. Often, a settlement will include payments from one party to the other, called equalization payments, and a lawyer can provide more information on this.

Source: FindLaw, “Calculating family and equalization payments,” Casey Watson, accessed April 07, 2016

Divorce Lawyer Coquitlam

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

The real estate market’s impact on divorce settlements

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On behalf of Laughlin & Company Lawyers Mediators posted in Division of Property on Wednesday, March 30, 2016.

Because the family home is often the most valuable asset a divorcing couple has, it’s common for there to be disagreements over who should get to stay in the house. While the booming housing market and increasing property values may sound like a good thing to most, it can mean added stress and more difficult in property division for those divorcing.

Canada recognizes that both parties have an equal right to the marital home, and this is true even if the house is only in one person’s name. However, this can be problematic if the house is of significant value. There are a few different options when it comes to deciding what happens to the family home. The first is that the couple agrees that one party is to keep the house and the other party gets other assets to ensure an equitable division. The second is that the couple must split the value of the house.

This second option means that either one party must buy out the other or the property must be sold, and the profit split between both parties. The problem with the increasing house values is that it’s becoming more and more common that one party can simply not afford to buy out the other, meaning the house must be sold. The market is changing rapidly as well, which means that a house may increase in value substantially from the time of the divorce filing to the settlement, particularly if the settlement process takes several months.

If you and your soon-to-be ex-spouse own a home, it’s important to discuss the implications and options with your lawyer as soon as possible. In some cases, you may need to have more than one done or speed up the settlement process.

Source: Global News, “How Metro Vancouver’s hot real estate market can affect divorce settlements,” Jon Azpiri, March 15, 2016

Coquitlam Divorce Lawyer

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