While many couples going through a divorce disagree on matters of child custody and parenting time, a new type of custody case has been coming before the courts more and more: pet custody. If you or your soon-to-be ex-adopted pets during your relationship, it can be tough to decide who gets to keep which animals. However, it’s important to understand that the courts are very limited in what they can order when it comes to pet custody and visitation.

In most cases, pets are considered part of the marital property, which means the regular property division guidelines apply and they are not subject to things like custody and access. Like with other assets, the judge will be able to grant one party ownership of the pets and order that party to pay the other half of the pet’s value, but that’s all.

There have been some cases in the past, however, where a judge did give a specific order involving a pet custody case, so it is possible. It may be better, though, to try to work out an arrangement that is agreeable to both parties and then talk to a lawyer to see if it can be made part of the official divorce settlement.

As a last note, it’s important to understand that much of this only works in official property division settlements subject to a legal marriage and divorce. If you are not married to your partner or are unsure if the property division guidelines apply, it may be best to talk with a lawyer before moving forward.

Source: FindLaw, “Who gets custody of the family pet when a couple separates or divorces?,” Miriam Yosowich, accessed June 06, 2016

Real Estate Lawyer Coquitlam

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

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

In a divorce in British Columbia, it is important to determine what the court will consider excluded property in terms of property division. The Family Relations Act of British Columbia defines excluded property as it pertains to property division. Because one or more of these definitions might affect whether you are granted ownership of certain property during your divorce or whether your ex-spouse gets to keep it, it’s important to understand how the court will view it.

• The following types of property are not considered family property:
• A spouse’s inheritance
• Property a person acquired before beginning a relationship with his or her spouse An award or settlement of damages for injury or loss that was awarded as compensation to a spouse. However, if the award or settlement is for compensation for a spouse’s lost income or losses suffered by both spouses, then it is considered family property.
• Beneficial interest in property belonging to one spouse that is held in a discretionary trust. However, if the other spouse contributed or another person besides the spouse settled it, then it is considered family property.

These are just a few examples of excluded property. If a spouse claims to the court that some property is excluded property, it is up to him or her to prove to the court that the respective property is actually excluded property.

As you can see, the division of property in a divorce can be complex, especially if there are substantial assets involved. The best way to decide if the specific property will qualify as an excluded property is a lawyer make a determination.

Coquitlam Real Estate Lawyer

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

The holidays are an exciting time for young and old alike as the magic of the season bring the year to an end. This is usually a time for family traditions and seasonal get-togethers, but if you and your ex-are divorced, it can make figuring out how to handle the holidays with children challenging. Children can often feel caught between their parents during this time, but taking a few simple steps can help you navigate co-parenting the holidays with ease.

Almost all couples who are divorced with children have some type of formal schedule for parenting time. This is usually done to ensure the children get enough access to both parents, and it also helps decrease communication issues and conflict between the parents as well.

However, the holidays are a time when you may want to be more flexible if your situation allows for it. If you are on good terms with your ex, it might make sense to talk about how you want to handle the holidays and any special gatherings and make a parenting schedule that best fits that plan. As always, try to put this in writing for easy reference for both sides.

It’s also important to remember that the focus should continue to remain on the children. If you want your children to accompany you to your employer’s annual Christmas party but they’d rather go pick out a tree with your ex, it might be best to let the children pick. It’s important during this season to always pause and honestly evaluate your decisions to ensure they are in the best interests of the children.

Source: The Huffington Post Canada, “3 Tips For Creating Joyful Holidays As Co-Parents,” Anna Giannone, accessed Nov. 30, 2015

Real Estate Lawyer Coquitlam BC

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

When you’re married, you may decide to use Facebook for fun, just to connect with people. When you’re getting divorced, you may keep using it as both a way to share information and to vent. However, when you step into the courtroom, these posts could come back to haunt you.

For this reason, lawyers often caution clients not to use their various social media sites, if they can help it until the case is over.

As an example, take a look at it from the other side. Imagine you are trying to get child support from your spouse. He or she says there’s just not enough money to pay as much as you want or to pay at all. However, Facebook is covered in pictures from a trip to the Caribbean or status updates showing that your spouse loves the new BMW 5-Series.

These expensive purchases can be used as evidence of how much wealth exists. They could even lead to investigations if it appears your spouse lied about what he or she earns.

Another issue could be with the right to raise children. You may want to be solely in charge of this, but your spouse could turn to Facebook to show that you’re not going to be a good parent. With just a few posts, it’s easy to skew things so that it looks like you travel too much, party too much, or take on behaviors that could put the kids at risk.

Now, this may not be fully accurate, but it may only take a few Facebook pictures to sway a decision.

If you’re getting divorced, be sure you know what the law says about Facebook and how it may be used.

Source: The Huffington Post Canada, “How Facebook Can Be Used Against You in Divorce Court,” Christine Marchetti, accessed Nov. 27, 2015

Coquitlam BC Real Estate Lawyer

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

When a couple decides to go their separate ways, it leads to a variety of emotions. It’s very common for these emotions to spill over into the legal aspect of the separation process. When this happens, couples tend to get locked into legal battles over custody, parenting time and how to divide their assets. An alternative to this is to turn the adversarial divorce process into a collaborative project and work out a separation agreement with your spouse.

The process of drawing up a separation agreement entails working with your ex-partner to decide the common issues of divorce, including property division. While putting emotions aside and working to look at your situation as objectively as possible is important for the separation agreement process, it’s also important to protect your own rights and interests. During the separation agreement process, you should still have your own legal representation to ensure that you fully understand the terms of the agreement.

It’s also possible that the process of trying to get a separation agreement is not successful. In these circumstances, it’s important to have someone protecting your interests who are already familiar with your case and the aspects that are causing issues.

While many people first thinking about a divorce or going through the beginning steps may think that finding common ground with a soon-to-be ex-spouse is just about impossible, a lawyer who works in family law can help. At Laughlin & Company, we see the common issues that come up in the divorce and separation process on a regular basis and can help you understand how to navigate these often complicated challenges and work out a separation agreement.

Real Estate Lawyers Coquitlam

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

A divorce is a major, life-changing event. While many people are focused during this time on the change in their relationship status and any family issues, it’s also important to understand that your financial situations will also likely be undergoing significant changes. Learning how to adjust to what your budget and finances look like after divorce is crucial to getting back on your feet.

One of the first things to understand is that life will be different. If you’re a single parent, it can be exhausting just to keep up with the day-to-day and work one job. Divorce often leads people to reexamine many parts of their lives. You may be considering going back to school, moving, a career change or even picking up a second job to make ends meet or boost your savings.

Remember that you are only one person and can only tackle so much. Doing too much will just add more stress to the situation and can quickly lead to burnout. Start small and add things in one at a time as you feel you are able. Take the time you need to adjust to living on one income or figuring out how to balance managing the household with working full time.

It’s also a good idea to take stock of your finances as soon as you realize you’re heading toward divorce and be brutally honest about your situation. If you’re debts and bills are going to be more than your income is now, it’s important to take action instead of pretending the numbers will magically equal out. You may also want to talk with a lawyer about how assets will be divided and any spousal or child support.

Source: Money Sense, “Picking up the pieces: Retirement after divorce,” Julie Cazzin, accessed Sep. 01, 2015

Real Estate Lawyer in Coquitlam 

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

A marriage contract can help make the property division aspect of a divorce quicker and easier, but it needs to be done correctly for you to get the full benefits. A marriage contract lets the two parties decide how they will divide their assets and deal with other financial matters in the event of a divorce.

Since drafting and signing a marriage contract usually comes into discussion well before either party is considering a separation, it’s common for couples to think that they don’t need to consult a lawyer. However, a lawyer can help in both the development of the marriage contract and the execution, if needed, later on.

For a marriage contract to be valid, it’s very important that the terms follow the guidelines of the law and do not include anything illegal or what the courts might deem as superfluous. In these situations, the court may find that the marriage contract is not legally valid and set the entire contract aside. Talking with a lawyer as you draft the marriage contract and decide what to include can help ensure that you don’t mistakenly include something you shouldn’t, which could cause problems down the road.

A lawyer can also talk with you about your particular needs and situation and help you ensure that the marriage contract protects your interests and rights. It’s common for a marriage contract to have to go through a few rounds of revisions as the particulars are ironed out. In most cases, it is best for both parties to have separate legal counsel review the proposed marriage contract before signing.

Source: FindLaw, “Marriage contracts,” accessed July 24, 2015

Coquitlam Real Estate Lawyer

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

Marriage contracts can be a good idea for people who are committed to each other but are not yet married under the law. For instance, if you and your significant other have lived together for several years, you could choose to have a marriage contract or cohabitation agreement drawn up to discuss all the important parts of you living together and what would happen if you separated.

In some areas, the domestic contract, marriage contract or cohabitation agreement could also be known as a prenuptial agreement. The agreement looks at how you plan to arrange your assets and affairs while you’re together and discusses how you’ll split assets or determine your roles in a divorce in the case you get married. Of course, the paperwork only plays a part in determining your roles and can be altered post-marriage with a post-nuptial agreement, too.

To get a prenuptial agreement, both parties need to be able to discuss and decide on certain parts of the contract. A marriage contract can be a healthy part of a relationship that helps you and your soon-to-be-spouse work out your affairs before getting married. This contract doesn’t signify that you could choose to get a divorce. Instead, it is actually intended to prevent divorce by laying out all your assets and affairs now, before you marry.

Our website has information on marriage agreements and how you can use one to help you and your partner decide on how you’ll work together during your relationship and marriage. With all your assets and requests out in the open, this can be a good time to discuss your future plans and goals with your partner — before you ever get married.

Coquitlam Real Estate Lawyers

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