Vancouver Family Law Blog

There is nothing more important than the welfare of a child. Amid a worldwide pandemic now taking place, the local area is more mindful of children's issues and agencies acting as watchdogs for kids are bracing for increased incidents of abuse as they reduce services and the numbers of employees who work these cases. The government has advised people to stay at home and schools are also closed, and for some children being at home all the time is not safe or healthy.

Self-isolation for some children is incredibly difficult. Everyone is in the same space at the same time and many kids don't take kindly to changes in routine. The whole situation is stressful for all concerned, but add to that abuse issues and the situation could be extremely volatile. 

When preparing to get married, you make many business deals. You sign contracts for the caterer and the florist. You may negotiate with a photographer and the musicians. In the end, you and your spouse sign a licence to signify your legal bond. It might not seem romantic to think of your marriage as a business arrangement, but in a way, that's what it is.

The time when that feels truest is when the marriage is ending in divorce. While the focus at the beginning of the relationship may be love and romance, at the end it is property and rights. Unfortunately, at a time when you must be making critical decisions, you are likely dealing with overwhelming emotions. This is why it is a wise idea to consider a marriage contract (perhaps better known as a "prenuptial agreement" or "prenup").

Separating couples have a lot to sort out. One of the issues that is on the table when a couple decides the marriage has come to an end is the division of property. But it can get a little tricky in British Columbia if one of the spouses declares personal bankruptcy after having separated. Pensions are usually considered during the divorce or separation.

Pensions, however, usually don't figure into bankruptcy under the Bankruptcy and Insolvency Act, but what happens to pension funds if one spouse has declared bankruptcy depends on where the couple lives. Recently, a wife asked for an unequal division of the property shared with her husband, and the major asset was the husband's pension. Shortly afterward, the husband declared bankruptcy. A judge of the Alberta Court of Queen's Bench had to decide if the wife could pursue her claim against her husband's pension, giving consideration to Alberta's family property legislation.