Deer Lake Law Group, Notary Public, Real Estate, Wills, Immigration & Family Law

604 430-2345

info@deerlakelaw.ca
Vancouver, BC


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Let us help you find the 'good' in good-bye by protecting your assets, your children and your sanity.
As Relationship Restructuring specialists, we know that your family situation is unique and requires a personalized solution. From Family Mediation, Settlement Negotiation, or Litigation, the team at the Vancouver area Deer Lake Law Group will see you through all the challenges of separation and divorce.
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10 Things No One Tells You About Divorce PDF Print E-mail
Written by EB Web   
Thursday, 25 February 2016 02:31

 

Happily_Divorced_tag

 

1.  You don’t see the value of cooking nutritious and delicious food just for yourself. 

2.  You begin to doubt your self-worth, inside and outside.

3.  A name-change may be more emotionally difficult than you expected.

4.  You have not lost your ‘other half’; you are a whole person with or without a spouse.

5.  You consider foreign influences - find the courage to be yourself.

6.  You worry that you will never find another partner, especially as time passes.

7.  You are the captain of ship and you set the course – enjoy the journey.

8.  Your former partner was not entirely to blame for the mess in the house.

9.  Having the entire bed all to yourself may be scary.

10. The best part about leaving a relationship is the chance to fall in love, again.

 

To read Kelly Neville's full article: 

http://www.huffingtonpost.com/kerry-neville/10-things-no-one-tells-you-about-divorce_b_9238748.html

 


 
How do I know when we are 'Separated'? PDF Print E-mail
Written by EB Web   
Friday, 30 January 2015 22:57

 

‘Marriages’ come in different configurations, with their own unique characteristics. Such unions are by and large, very much a private institution - only the parties themselves know how their marriage (or marriage-like relationship) works, and what specific arrangements work for the spouse themselves. However, when the marriage stops working, parties must contemplate a Date of Separation.

 

In order for parties to be considered ‘Separated’ for the purposes of family law, there needs to be an intention, on both sides, to separate. If no mutual intention exists, then the situation becomes complex and open to legal interpretation. If the spouses cannot agree and the Date of Separation is being disputed, the courts may be forced to intervene. The court will take an objective approach and will look at the totality of evidence.

 

The following criterion is a sample of what the courts look for:

 

• Intention of the parties;

• Sexual relations;

• Domestic services provided by one spouse to the other;

• Socializing; and

• Financial intertwining between the spouses.

 

Having a Judge of the Court delve into the private and intimate relationship of couples is not a pleasant exercise for the Court or the spouses themselves.

 
Effect of Remarriage or Re-Partnering on Spousal Support PDF Print E-mail
Written by EB Web   
Tuesday, 04 November 2014 02:28

 

Question: I am thinking of entering into a new relationship. How this will affect the spousal support I receive?

 

Answer: Spousal support can be compensatory in situations where:

 

1. the recipient left a career for the purposes of raising children or

 

2. other circumstances where the recipient suffered financially as a result of a commitment to the relationship.

 

In cases of compensatory support, the support amount is not necessarily variable until the goal (compensation for loss of income) is achieved, even if the recipient becomes remarried or re-partnered.

 

Spousal support that is non-compensatory can be terminated or varied if the recipient remarries or takes a partner, but not in all circumstances. The specific facts of the case will determine what the Court will do.

 

The important considerations for non-compensatory support are:

 

a) Has there been a “material change in circumstances” from the date of the support order that would merit a variance or termination of spousal support?

A “material change in circumstances” means a change, such that, if known at the time, would likely have resulted in different terms. Willick v. Willick, 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670.

 

b) Would a re-partnering or remarriage create a “material change in circumstances”? If the payer knew, at the time the support order was made, that the recipient was involved with a third party and that the re-partnering was a possible outcome, then the re-partnering or remarriage was foreseeable and is not necessarily a “material change in circumstances”. Morigeau v. Moorey, 2013 BCSC 1923 (CanLII).

 

c) What are the circumstances of the re-partnering? Even if the re-partnering or remarriage was not foreseeable, the court would look at the circumstances of the re-partnering or remarriage.

 

Specifically, the Court will look at the length of the first marriage, the age of the recipient and the standard of living of the recipient in the new household. Spousal support paid after a long traditional first marriage is less likely to be terminated but may be reduced depending on the standard of living in the new household.

 
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Vancouver Lawyer & Notary Public Law Office, Deer Lake Law Group, Vancouver Lawyer Antonio Simoes specializing in Family Law, Separation, Divorce, Child Support, Child Custody, Marriage, Common-law, Prenuptial Agreement, Settlement, Litigation and Mediation Law Services settling court disputes with winning results.