Category: Law Legal Information

Cohabitation And Marriage Agreements. Your Most Common Questions Answered.

Cohabitation and Marriage Agreements can be overwhelming if you don’t know where to start.  As a family lawyer practicing in BC I am frequently asked many questions about marriage agreements.  I am hopeful that this article will help you by answering the most common questions I get asked by friends, family members, current and potential clients.

Do I really need a cohabitation agreement or marriage agreement?

As family lawyers, we cannot make this decision for you and everyone’s needs are unique. If you understand the basic assumptions within family law during a separation, such as 50/50 split of assets and debt acquired during the relationship, including increase in value on anything brought into or acquired during the relationship through inheritance or gift, or potential spousal support entitlements payable, and those determinations do not sit well with you- you SHOULD get a cohabitation agreement or marriage agreement.

Why? Marriage Agreements allow

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Can My Strata Prevent Me From Having An Emotional Support Dog?

With the state of the world today and progress in mental health research, the use of service animals has been on the rise. Owners of emotional support dogs often speak about the benefits their pets offer in reducing stress and anxiety, helping them to complete daily tasks much easier.  In fact, almost 80 per cent of B.C. residents favour legislation that allows pet guardians the right to keep companion animals, according to a 2008 poll held by the BCSPCA.

These days it is not uncommon to see therapy animals in hospitals, university campuses, and airports. Even with the progress in mental health research and therapy animals, not all service animals are treated the same.

When most people talk about service animals, people often think of seeing-eye dogs or other service dogs for people’s physical limitations. However, there has been a steady increase in people having animals for emotional support.

Despite

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Cohabitation law: UK Gov confirm no change in sight

As the Government rejects the latest calls for cohabitation law reform, Victoria Cannon, Team Leader Partner in Stowe’s Cardiff office, looks at how the current legislation puts unmarried couples at a disadvantage.

Over the summer, the Women and Equalities Group from the House of Commons urged the Government to end “legal limbo” for cohabitees, by strengthening cohabitation rights and responding to recommendations made by the Law Commission.

Despite this, in November 2022 the Government rejected the call to reform law for cohabiting partners adding that they must first consider wedding and divorce law as a baseline before it can consider cohabitation law reform.

So where do delays leave cohabitees?

Cohabiting partners make up the fastest growing type of family, with over 3.6 million partners cohabiting in the UK. Declining calls to improve protection for unmarried couples – and keep step with those afforded to married couples – inevitably risks leaving

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My Parent Added My Sibling To Title And Then Passed Away. What Now?

Do you have a parent who transferred a title to property into joint tenancy with someone else, such as one of your siblings? Did that person provide little to no consideration for the acquisition of the property? Has your parent now passed away and is that person claiming sole ownership of the property? Does this affect your distribution under the terms of a will?  This blog will attempt to demystify what’s known in estate law as a resulting trust claim.

As a person ages, they may seek assistance to carry out their finances. For example, a parent may add an adult child to their bank account as a joint account holder or transfer the family home to their child. Upon their passing, this can creates complications. For instance, when the parent had other children who were not added as joint account holders or were not transferred an interest in real

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Can I Remove My Ex as a Guardian of our Child?

When it comes to contentious parenting issues, this is one of the most frequently asked questions family lawyers will receive.  However, this question is often rooted in misunderstandings about what guardianship is, who is a guardian, and the likelihood of guardianship being terminated.  In order to determine the possibility of removing your ex spouse as a guardian of your child, consider the below.

Who is a Guardian?

Guardianship is defined in s. 39 of the British Columbia Family Law Act (“FLA”).  This section states that parents are generally guardians of children after they separate if they lived together with the child.  However, if a parent has never resided with the child, pursuant to section 39(3) of the FLA, they are not a guardian unless one of the following applies:

  1. the child is the result of assisted reproduction as defined in s. 30 of the FLA;
  2. there is an

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