On November 14, 2011, the Provincial government introduced Bill 16, which features a comprehensive revamping of the property law regime in the province. One significant change is that Property Division, which did not previously apply to “common law” spouses [...read full post]
Categorized: Legislation Analysis.
When there is a separation or divorce, estate law and family law are very much intertwined with one another. At Henderson Heinrichs we have found that our clients are often justifiably concerned with who will care for their children in [...read full post]
Categorized: Custody and Access, Divorce, Legislation Analysis, Wills and Estates.
There can be a positive obligation on separated or divorced parents to support a child through post-secondary education if that cost is labelled an extraordinary expense pursuant to s.7 of the Federal Child Support Guidelines. That section states that,
Special [...read full post]
Categorized: Child Support, Legislation Analysis.
Is there any difference between an order pronounced after a contested hearing and one ordered when one of the parties hasn’t attended? The order itself is equally valid and binding in each circumstance. If the order is later challenged, however, [...read full post]
Categorized: Case Analysis, Legislation Analysis.
Yesterday, BC Attorney-General Mike deJong released a White Paper, which contains proposals and recommendations for a revised Family Relations Act. Family law in BC is regulated primarily by the federal Divorce Act and the provincial Family Relations Act [...read full post]
Categorized: Common Law, Divorce, Legislation Analysis, Procedure.