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Vancouver and Edmonton Family Law Blog

When a prenuptial agreement may be set aside

If you are planning to get married soon, you may very well be considering a prenuptial agreement. A prenuptial agreement can protect a number of interests and properties you may have before and during marriage, and it can be wise for many parties to have one.

Understand, though, that these are legal contracts, so you must take them seriously. This means working with a lawyer to draft one and reviewing it carefully before signing, as a prenuptial agreement will not be effective if it is invalid. Below are some reasons why the courts may set aside a prenuptial agreement and the decisions made within it.

How do we address debt during a divorce?

When people think of dividing property during a divorce, they often think of their assets like the matrimonial home, bank accounts and personal property. However, you will also need to address debt.

Dividing debt is similar to dividing assets. However, the process can be more challenging than people expect, particularly if parties hope or expect to divide debt unequally. However, with some basic information on the process, it can be easier to understand how you can address debts if you are divorcing.

What happens if I don’t pay child support?

Every parent has a responsibility to financially support his or her child. If this responsibility comes in the form of a child support order from the courts, you must comply with it.

If you are late or miss court-ordered child support payments, you could face a wide range of consequences.

Assets that can have a surprising impact on property division

When divorcing in BC, parties will typically divide family property equally. Often, people focus on the high-value items, like a matrimonial home, cars and retirement plans, as they can hold the most obvious financial significance.

However, there are other assets that can have a surprising impact on the process of dividing property.

Avoid disputes with a solid parenting plan

Parenting after divorce can be a difficult transition. In this environment, disputes may arise between parents. To prevent these arguments from making the situation worse – and to prevent some fights altogether – parents should create a solid parenting plan.

A parenting plan is an agreement in which parents establish rights and responsibilities for each person after a divorce. It essentially serves as a guidebook. To be most effective, your plan should be specific to your situation and include the following elements:

Cutting corners in your divorce can have costly consequences

Divorce can be complicated. It can take more time and cost more money than people expect, which is why people often seek out ways to make the process easier and less demanding. However, not all the methods people seek out are helpful. Some ultimately do more harm than good.

Below are three common missteps people make during a divorce in the interest of saving time, money or energy.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP


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