PROTECTING YOUR FUTURE

LEGAL SERVICES

PRENUPTUAL AGREEMENTS

Not all couples begin their lives together with equal asset wealth.  If you are considering marriage -or even just living together- this is a concern for you.  A “pre-nup” should secure your rights if there’s a breakdown in the relationship. I can assist you in planning for your future financial well-being by drafting both a pre-nup and a Will made in contemplation of marriage: if you are becoming a blended family you will want to consider the children from your first marriage. 

 Our firm has successfully overturned unfair Pre-Nuptial Agreements, and obtained a much greater division of assets than the Agreement originally provided. My litigation experience will inform how we will craft a solid Agreement at the outset of your relationship.  I will protect your interests.

DIVORCE

It is bitter irony that a divorcing couple must agree to compromise one hundred times before they will be granted a divorce. During separation, couples must agree to address


  • Division of family assets the home, pensions, family and business investments  


  • Parenting arrangements 
  • Custody /Guardianship 
  •  Parenting Time 
  • Child Support


  • Spousal Support


  • Expenses regarding 

Education

Extracurricular activities

Physical and mental health issues

Daycare and other childcare arrangements


As an experienced negotiator I am clear  about what is possible. Let my years of experience save you from launching expensive -yet fruitless- court battles. 

SEPARATION AGREEMENTS

A separation agreement is the binding contract that will set out how you will divide your assets, share custody of your children, and cooperate as independent entities after you divorce. Most couples try to draft an agreement through a lawyer which sets out child support. Those able to follow the agreement are usually granted an uncontested divorce at the end of the separation.

However, if the divorce is contested, if negotiation has not resulted in an agreement, or if one or both parties have been unable to adhere to the agreement, all contested matters will need to be decided in court.

Having your case heard in court is necessary when domestic violence is a barrier to fair negotiation, or when one or both parties are too firmly entrenched in their position to be able to compromise. Even though the court process is quite arduous and expensive, sometimes it is necessary.  I can help.

PARENTING ARRANGEMENTS


Custody refers to the parental responsibility to provide for the child’s necessities of life.  If sole custody is granted, the child will reside with one parent who will provide daily care and have primary decision-making authority. In cases of shared custody, a wider variety of arrangements can exist.   My approach is to focus on negotiating an arrangement that will best serve the interest of your relationship with your child.


SPOUSAL SUPPORT

Spousal Support is money paid by one spouse to the other after a separation or divorce. There are many factors that determine whether a married or common-law spouse is entitled to spousal support and how much support they should receive.

In most cases spousal support is intended to be a temporary measure to assist the lower income-earning spouse to get back on their feet.

Some factors in establishing spousal support include:

· Age of both partners

· Earning power and earning potential

· Division of property, particularly if one spouse has ended up with the marital home or significant assets

· Sacrifice of a career to further the other spouse’s career or to raise children

· The history of the marriage

· Support through schooling

· Ill health

CHILD SUPPORT

The intricacies and details of Child Support can be elusive. Courts are loathe to permit couples to divorce unless children are being supported in compliance with Federal Guidelines.  Of course, exceptions are sometimes possible. 

While many people believe a parent’s obligation terminates once the child turns 19, this is not necessarily true.   Whether the court will continue to require child support to be paid will depend on the parties’ means and the child’s potential for independence. We understand how to tip the balance in your favour when it comes to Child Support.

Determining income for child support purposes can often be a hornet’s nest.  Under-employed spouses may need to have income “imputed” to them.  Spouses who are self-employed may divert income through complicated -but often legal- tax deductions that present difficulties for determining their income for child support purposes. 

CITED CASES

PARENT WINS SOLE CUSTODY

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D.L.S. v. R.S., 2012 BCSC 977 


Due to the egregious behaviour of the opposing party I was able to obtain sole custody for my client.

IMPUTATION OF INCOME TO SELF-EMPLOYED SPOUSE

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Dhaliwal v. Dhaliwal, 2017 BCSC 149


I will scrutinize tax deductions to your best advantage.

STEP PARENT PAYS CHILD SUPPORT

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 Guinn v. Descoteau, 2013 BCSC 1408


Bio-dad's income wasn't enough, so the court ordered the ex-step-dad to pay as well.