People often wonder in the case of separation what happens to the family home if one spouse contributed money they had before the relationship to the purchase of the family home. They wonder if their down payment on the family home will be divided when they separate or divorce or if it will be excluded from the division of family property.
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Category: Family Law Agreements
Information on important family agreements, such as separation agreements, prenuptial agreements, cohabitation agreements, and marriage contracts. These blogs try to answer questions you may have relating to the law and drafting of separation agreements, prenuptial agreements and cohabitation agreements.
Why a Prenuptial Agreement or Cohabitation Agreement is Essential under the Family Law Act
The new Family Law Act “FLA” which came into force in March 2013 modernized the law on family relationships. The FLA is a substantial shift from the previous law – the Family Relations Act. This article will deal with the new property division regimes under the FLA and why a prenuptial agreement or cohabitation agreement is essential for any party with assets and/or children from a previous relationship. Continue reading →
How to File for Separation in BC
Your relationship has ended and you wish to separate. You may be wondering how to file for separation in BC.
Live Separate & Apart
Well in BC there is no legal requirement to file for separation with a court. Separation is a question of fact. Are you living separate and apart from your spouse? If the answer is yes I am living a separate life from my spouse, then you are separated. Living separate does not necessarily mean that you are living in a different home than your spouse. It does however mean that you are staying in different rooms, and are not living as a couple. You must be living two separate lives, even if you are in the same house. There is no legal requirement to file for separation in BC to indicate that you are separated. Continue reading →