Couples facing divorce have much on their minds — sometimes overwhelmingly so. Separating British Columbia couples, especially those with children, must realize they need to take care of their well-being to continue to be active parents. Divorce is one of the most stressful experiences in life, second only to the death of a child or partner. Divorce mediation can make what can be a very rocky path much easier to navigate.

In a divorce situation, those involved must acknowledge that things are hard. Researchers have proved that when people understand and give their fears credence, what they think are shortcomings and what causes them shame helps them to grow in maturity and strength. Divorce mediation can be a process that strengthens separating British Columbians.

Agreeing to divorce mediation can help a couple leave the negatives of their situation at the door and deal with difficult issues like adults. Asking for this help can reduce anxiety, help the couple to develop a new, co-operative parenting strategy for their children and help them to deal with the changes that are happening in their lives. There are healthy ways to get through a divorce, and engaging in divorce mediation is one of them.

Even for couples who have the help of an expert seasoned in divorce mediation, having the help of a lawyer experienced in family law will be invaluable. Any couple living in British Columbia considering divorce mediation over litigation will find that a family law lawyer will be able to recommend a mediator. A lawyer will also provide legal counsel regarding any agreements before being signed and given to the court.

Lawyer in Coquitlam

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

Source: canada.ca, “Helping children and youth live with separation and divorce,” Accessed on July 29, 2017

Getting married, or committing to a common-law relationship, is a significant life decision. The strength and stability of the basis for such a permanent connection require different bricks to provide security. One of those is open conversations about money matters. The number of divorced couples who blame their breakups on financial disputes underscores the importance of such talks. While couple’s in British Columbia start their new shared lives as spouses, they might not realize that conversations about the division of property may follow soon if they fail to establish a firm financial understanding.

Advisors say stress and arguments about money can be avoided by discussing the following matters before the marriage or moving in together. Talk about the financial goals and expectations of each spouse. If one is frugal and avoids spending money while the other party loves restaurant meals and expensive clothes, disagreements are sure to follow if no agreements are reached in advance. The financial histories of each could be discussed, with full disclosure of the debts each party will bring into the relationship.

Each spouse must know the income of the other, and agreements about whether they will pool their incomes, or keep them separate is best resolved before the case is taken to child custody court. Couples who have no financial secrets and precise guidelines about how they will handle marital incomes and expenses are said to be less likely to disagree about money. Even those who are at different ends of the scale when it comes to financial personalities may be able to agree on workable money management plans for the family.

However, any British Columbia person who is the victim of a marriage that did not survive financial disputes may find that the division of property may be equally contentious. An experienced divorce lawyer may the appropriate person to provide support and guidance during this challenging time. A lawyer may even arrange divorce mediation that may help the spouses to agree on a settlement that will save time and money.

Lawyer Coquitlam, BC

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

Source: globalnews.ca, “5 financial facts every couple should know about their partner before getting married“, Dani-Elle Dube, Accessed on July 15, 2017

British Columbia residents who are considering marriage or entering into a cohabitation relationship may find it difficult to broach the subject of domestic contracts. However, most people who make such commitments might have already accumulated some assets that will need protection if the marriage or common-law relationship ends. Without the protection of a marriage or cohabitation agreement that specifies the personal assets, some may be lost in the division of property.

Couples that get married can sign marriage contracts, and joint law partners can sign cohabitation agreements. Those entering into a second marriage typically bring many personal assets into the union. However, if, for example, the couple resides in a home that one of the two spouses owned before the marriage, the other spouse may have a claim on the property in the event of a divorce — if this was not specified in a marriage agreement. Mortgage lawyers will fight for both sides in this case, and it may end up being a long drawn process of court cases and arguments.

Another scenario to consider is a couple who moves in together, and the man verbally assures the woman that he will share all his assets with her. If they never record that promise in a cohabitation agreement and then comes the day that the relationship ends, the woman has no right to any assets that were pledged to her. Another type of domestic contract is a separation agreement that a couple can draft to record how they plan to deal with various issues that typically arise when a relationship ends. This can protect in the absence of a marriage or cohabitation agreement.

Some British Columbia couples that are considering marriage or cohabitation agreements may have questions about the legal requirements of such contracts. The most suitable step to take might be for each party to consult with an experienced family law lawyer who can answer questions and explain how such an agreement can protect the assets of each party during the division of property. The lawyer can assist with drafting a contract that will hold up in court if it is challenged.

Lawyers Coquitlam, BC

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

Source: lukesplace.ca, “What are domestic contracts?“, Pamela Cross, Accessed on May 19, 2017

One of the primary concerns of people in British Columbia who are considering divorce may be the cost. Contested divorces — especially a high-asset divorce — can cost tens of thousands of dollars and in some cases even hundreds of thousands. However, some steps can be taken to limit the costs — before, during and after the filing.

Before filing for a divorce, each spouse may want to prepare him or herself financially by educating themselves about all their debts and assets. Then, they should draft a budget based on the money currently spent on all expenses, followed by a post-divorce budget. This must include rent, vehicle costs, living expenses, child-care charges and — where applicable — spousal and child support. Not only assets are split in the property division process, but also debts, so attention should be paid as to how that will be divided. Discussing the divorce options with an experienced divorce lawyer can further help to identify ways to save time and money.

It may be best to try to check emotions during this time and avoid any actions that involve revenge, payback or settling of scores. Couples who can communicate and compromise to reach mutual agreements can bring about significant savings. During negotiations, it is important to understand how the court will determine child support and an estimate of the amount the court will order. Also, remember that spousal support is not guaranteed and settling that in negotiations may be wise. Each party may benefit from adding professionals, such as tax and property advisors, to their respective support teams to provide advice on tax implications and more.

During all the preparation and negotiation proceedings, each spouse’s legal counsel can provide valuable support. The time and money involved in a high-asset divorce depend largely on the ability of the parties to resolve contentious issues. However, with the professional guidance of a seasoned British Columbia divorce lawyer, a divorce that fits the family dynamics while being financially fair at the same time can prevent either party from going broke in divorce.

Source: business.financialpost.com, “Divorce is never easy and your heart may be broken, but that doesn’t mean your wallet needs to be too“, Melissa Leong, Accessed on Dec. 24, 2016

Coquitlam, British Columbia Lawyers

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

Couples in British Columbia may not realize that the lasting effect of the trauma of a divorce can be lessened by taking proper care of themselves. Emotions and anxiety can be overwhelming during this time, and adequate rest, healthy eating, enough activity and both moral and legal support can ease the process. Along with issues related to child custody, the division of property can become contentious if not handled carefully.

It may be beneficial for a divorcing couple to work toward reaching agreements in negotiations to avoid stress over the high costs of litigation. Reportedly, most couples choose to jointly manage their finances by combining their incomes to pay both personal and household expenses. Upon divorce, they must separate their finances, and each spouse must evaluate his or her financial positions and assess any future needs.

However, most couples seem to work toward settlements through communication and compromise. Statistics show that about half of divorcing couples in British Columbia manage to avoid court proceedings — often even after one spouse started the process by going to court but then agreed to resolve issues. The percentage of couples who ultimately reach settlements through litigation is insignificant — only six in every 100 couples.

While some British Columbia couples choose to navigate their divorce proceedings on their own, many others have found that the support and guidance of a skilled divorce lawyer can be invaluable when it comes to the division of property.  Along with the legal advice that a seasoned lawyer can offer, he or she can prepare the client for what to expect. Such a professional can provide valuable input based on his or her years of experience to ensure a smooth transference into a new chapter of life.

Source: justiceeducation.ca, “Family Law Basics“, Accessed on Dec. 9, 2016

Lawyers in Coquitlam, British Columbia

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

While most British Columbia parents who have to pay child support want the best for their children, some may find it tough to keep up with the payments. The problem is often not a case of the inability to pay, but rather a negligence, such as forgetting to pay on time or spending the child support money on something else. However, falling behind with child support can quickly lead to significant amounts of debt, and the other parent may pursue legal action.

Arranging an automatic payment through a bank account and drafting a proper budget may remedy these issues. Maintaining careful records of all payments made is vital. There are various ways in which such records can be kept, and some online payment methods may include a program to keep these files. In the event of the other parent claiming non-payment or late payment, accurate records can provide the necessary proof.

Life sometimes has strange and unexpected turns, and an unanticipated surgical procedure, illness or job loss can make it impossible for a parent to pay child support. That parent may seek a child support modification through the court. By providing proof of the reason for the financial difficulties, the court may agree to modify the court order.

It may only be a temporary problem, and, although parents may be able to negotiate a more affordable amount until circumstances improve, they may want to avoid making verbal agreements. Utilizing the services of an experienced British Columbia family law lawyer to help draft a documented agreement may be more appropriate. A lawyer can then present such a request for modification of child support to the court, and with both parents already in agreement, the court may issue a modified court order without any delay.

Source: marriage.com, “Strategies for Paying Child Support“, Accessed on Nov. 25, 2016

Lawyers Coquitlam, British Columbia

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

Working out parenting plans that suit both parents and their children after a divorce can be challenging. If one parent intends to relocate after the divorce, matters can be complicated. Spouses can become ex-spouses, but children can never become ex-children. Regardless of who has child custody, one parent relocating may not compromise parent-child relationships.

Under British Columbia Family Law, any parent who considers relocation must provide written notice 60 days in advance. This document must inform other guardians and people who have contact with the children according to a court order of the plans to relocate. This procedure is mandatory; even it is the non-custodial parent who wants to move.

The court may waive the need for the written notification in certain circumstances. If such information can give rise to abuse or violence or if there is no existing relationship between the children and the parent who will be separated from them, the court may make an exception. Also, if all parties agree, and parenting plans that ensure the preservation of parent-child relationships are in place, written notices may not be necessary.

However, a guardian or parent may file a motion in court to object such a move, and the court will consider various aspects to determine whether the relocation will still protect the best interests of the child. British Columbia parents who need legal advice or representation in a case of one parent wanting to relocate may benefit from consulting with an experienced family law lawyer. Regardless of whether guidance is needed by a parent with child custody who intends to move to a different location, or by a parent or guardian who wants to object to such a move, a skilled lawyer can advocate on behalf of the client.

Source: gov.bc.ca, “What happens if one parent wants to move?“, Accessed on Nov. 9, 2016

Coquitlam Law Firm

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