Why It Matters
Why does an estate planning law firm have a family lawyer? Well, sometimes having a marriage agreement or a cohabitation agreement in place can mean the difference between a successful estate plan and one that fails.
One of the reasons for this is because in BC, spouses and children have the right to contest your will if they don’t feel adequately provided for. In such cases, judges look for preexisting prenuptial agreements to limit spousal claims on an estate. With proper estate planning including a family law agreement, you can rest assured that your wishes will be carried out the way you planned.
If you pass away before your separation agreement or divorce is finalized, your executor will have to negotiate on your behalf, leaving a mess for them to clean up.
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How We Can Help
Our family lawyer in Vancouver routinely helps couples with spousal agreements. For separating spouses who want a cost effective alternative to court, we can draft consensual separation agreement followed by an uncontested divorce. For couples entering into a new relationship who want to set monetary boundaries from the start, we can prepare marriage agreements and cohabitation agreements.
With a prenuptial agreement in place, you set up your new relationship for success, with both parties knowing what they are entitled to should the relationship end. Such an agreement can solidify an estate plan from attack after you die.
If you need tax advice about a family law agreement, we have tax lawyers for that as well.
If you are interested in a family law agreement, call our family lawyer to chat.
Uncontested Divorce Lawyer
Our divorce lawyer in Vancouver helps couples move on with their lives after separation by applying to court for an uncontested divorce.
Separation Agreement
Our separation agreement lawyer in Vancouver can help you get your affairs properly documented and finalized in a separation from your spouse.
Prenuptial Lawyer
A prenup lawyer in Vancouver at Westcoast Wills can help you and your partner with what is commonly called a prenup or prenuptial agreement.
Family Law FAQs
Here are some of the most common questions that our family lawyer in Vancouver routinely answers.
If you are wondering about your family law rights under provincial legislation, you are considered to be spouses if you have lived together in a “marriage-like” relationship for two years, or if you have a child together. Under the BC Family Law Act, a spouse is entitled to certain rights upon separation.
It is helpful to note that under certain federal legislations, you are considered to be living common-law if you are living in a conjugal relationship with a person for one year.
You are considered to be separated when you communicate to your spouse the intention to separate permanently, or if you take any action that can demonstrate your intention to separate permanently.
Although it is typical for at least one of you to move out of the shared home when the relationship ends, separation can occur even if you continue to live under the same roof.
To formally divorce from your husband or wife, a court order from the Supreme Court of British Columbia is required. If either spouse has been a resident of British Columbia for at least one year, you can apply for a divorce order by submitting the required court documents to the BC Supreme Court registry.
In most cases, the court will only grant the divorce if you have been separated for at least one year.
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