Services

Wills

Almost half of Canadians do not have a Will. Presumably persons wish to make Decisions about where their assets end up when they die.Do you want to ensure that the wealth you accumulated in a lifetime of effort goes to where you want ? A properly prepared Will (often called a Last Will & Testament) that is regularly updated is the only way you are certain that your assets are distributed according to your wishes.

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Enduring Power Of Attorney

DO YOU NEED ONE?

Although almost half of Canadians do not have a Will-even fewer know about or have in place, an Enduring Power of Attorney. Yet, for a middle aged man, for example, the chances of becoming incapacitated by an accident or disease are over 3 times greater than the chances of premature death.Most of us in mature years, force ourselves to contemplate the reality of our mortality. Far fewer can envisage a circumstance of mental deficiency for themselves.

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Personal Representation Agreements

WHAT ARE THEY?

What happens when we can't give directions for ourselves about our medical treatment? Who will make those decisions for us? In British Columbia , there are laws that offer some help. They have created a list of people who can make health decisions for you. The power falls to the first person on the list, and so on down the list to the next able and willing person. In this Province, the first in line is a person named in a Personal Representation Agreement and thereafter a spouse, child parent or sibling.

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Divorce and Separation can be very upsetting and overwhelming for everyone involved. This is especially true when children are affected. Nanaimo Divorce Law works to achieve a positive result for the family, by providing understanding, and experienced, effective legal representation.

Divorce involves many elements. Property and financial obligations need to be divided and resolved fairly. Nanaimo Divorce Law expects their clients to be fair and reasonable in working toward a proper settlement with their spouse.

Children are of primary concern, both in the Family Law Act of B.C. as well as at Nanaimo Divorce Law.There are Child Support, Custody and Parenting times to be addressed in any Agreement.

Spousal Support is a complicated combination of the respective incomes of both parents, the length of the marriage, and many other factors that need to be considered under the Federal Guidelines.

Nanaimo Divorce encourages couples to work out a fair settlement agreement, together. Even when that is accomplished, the legal binding paperwork and the properly expressed terms can still be confusing and difficult. Couples who are divorcing or separating need to ensure a proper legally binding and enforceable document is in place for the future. Nanaimo Divorce will guide you through the process.

Divorce involves a variety of challenges, each one unique to your specific relationship. Nanaimo Divorce will make sure that you explore and understand your options and your fair rights. We will work toward the best outcome to protect you and your family. Taking the time to learn your unique needs and goals, our main objective is to help ease you and your family through the many changes that will occur, and provide some peace of mind, in this very trying time.

Feel confident that your family can move forward knowing that your situation has been handled professionally and fairly.

In 2013, the B.C. Family Law Act made significant changes for common law couples. Unmarried couples, both of the same sex or opposite sex, are defined as spouses if they have continuously lived together in a marriage-like relationship for a period of two or more years.

The Act specifies that common law spouses have the same rights and obligations as legally married couples. An exception is where the couple has foreseen the possibility that the relationship could end, and have entered into a Co-habitation Agreement. In this case, their respective property, and other assets, may be excluded from the normal rules for matrimonial property division.

If this Act affects your relationship, Nanaimo Divorce can help you determine your rights and options for your particular situation.

If you are a common law spouse, you can claim Spousal Support when the relationship ends, provided that all facts meet the requirements. What constitutes a recognized common law relationship? The test is whether you have acted as a normal married couple.

  • Did you have exclusive sexual arrangements?
  • Were living expenses shared or did one spouse support the other?
  • Did you own assets jointly?
  • Did you represent yourselves as a husband or wife, live together, and go on holidays together?
  • Can it be established that your relationship as a common law couple lasted two years or more?

It is also important to note, that if you want to apply for Common Law Spousal Support, it must be filed within one year of your relationship ending, or is barred from any claim. Once a claim is established, the support terms are equal to that of any married spouse, and are ascertained on a similar basis as those with a formal Certificate of Marriage.

Every divorce or separation is emotional and stressful. Nanaimo Divorce wants to help minimize your costs, and give you peace of mind that you are being looked after. We will guide you through all the legal processes and documentation, to ensure you fair rights are being met.

As a general rule in the B.C. Family Law Act, assets that separating or divorcing couples have accumulated, from the time of their co-habitation or marriage, are divided equally. Property can include the matrimonial home, vehicles, cash in the bank, RRSPs or TFSAs, pensions and other property, as well as debts such as loans, and credit card accounts.

There are exceptions to this general rule. You should contact Nanaimo Divorce before you separate from your spouse, or immediately after, to educate yourself about your potential options.

For example, certain money from inheritances can be eligible for exemptions from the equal asset division. The valuation of employment pensions can be difficult and require our expertise to reach a fair resolution.

The division of assets is often the most difficult task to resolve by couples, and can cause emotional turmoil. There are significant changes that can often result in selling the family home, or moving to less desirable accommodations.

With Nanaimo Divorce's considerable experience, we have the expertise to help you reach a fair and reasonable agreement with your spouse. Mediation is encouraged with those who are prepared to work fairly to resolve all issues.

Applications and Court appearances occur only as a last resort if one or both parties refuse to negotiate in good faith, or are highly misinformed of the true and fair nature of their expected outcomes.

We always try to avoid court trials because of the degree of damage they can inflict on families going through this rough period in their lives. Our goal is to:

  • Preserve family assets
  • rotect the children
  • Encourage ongoing cooperation in the family

Nanaimo Divorce will take into account the respective positions of each spouse, suggest workable options, and protect your interests, and specifically those of any children involved.

Nanaimo Divorce endorses the Family Law Act in B.C., because It places the Children of a divorcing or separating family as the most important parties. In your situation, things to resolve can include: parenting time plans, guardianship, who has custody and access, as well as the responsibilities of each parent.

No longer can one parent use the children to leverage their own personal wishes. Good parents should always ensure the best interests of their children are being met, whether or not there is a divorce. The Family Law Act requires the Courts to make decisions on the basis of what is best for the Child. All issues are considered and not just what a parent feels is best for him or her.

To avoid the expense, stress, and damage that a Court process can have on the children, Nanaimo Divorce can help you and your spouse formulate a plan that suits the family best. We encourage you to act fairly and reasonably in consideration of the children.

We want to help you secure a workable and agreeable parenting plan to support the welfare of your children. Nanaimo Divorce often engages the Fairway Divorce Mediation franchises in Victoria, Vancouver, and Edmonton to provide complete legal agreements.

CHILD SUPPORT

A family's children are considered as "Children of the marriage", under the Canada Divorce Act in British Columbia, until the age of majority of 19 years. In some circumstances, support can be requested and ordered beyond that age where the custodial parent still supports a child over 19 years who remains in the home and continues their secondary education.

The person who has the substantial time of custody is likely entitled to Child Support from the other parent. The amount payable is highly variable for children and is set by rules followed by the Courts, known as the Federal Child Support Guidelines. These set the amount of support based on gross income of the parent.

  • Those of very low income may be exempted from support Orders.
  • Those of substantial income are expected to make large payments that seek to allow the child a standard that equates to that which the parent enjoys.

In addition, Nanaimo Divorce can point out additional expenses that are to be shared by the parents based on their incomes. Such special expenses can include day care costs, school fees, special sports involvement, music and other extracurricular activities, and even dental visits or medical care.

Nanaimo Divorce can advise you on the amount of support that should be payable to the parent who has custody. Increasingly, parenting time is being shared equally. In this case, the amount payable by the parent with the higher gross income, is reduced by the amount under the Guidelines payable by the parent with lower income.


If you need legal services for divorce in Nanaimo, Parksville, or Qualicum Beach, contact Nanaimo Divorce.