Divorce law blog

An Update on Joint Tenancy and Confusion Regarding Excluded Property under the Family Law Act

Written by: HRLaw (View All Posts • View Bio) Published: September 29, 2016

We have previously written about excluded property and then about emerging confusion regarding Excluded Property under the Family Law Act. As a general principle a spouse who brings an asset into a relationship is entitled to keep the value of [...read full post]

Categorized: Commentary, Legislation Analysis, Property Division.

Retroactive Child Support: 19 years or 3 years?

Written by: HRLaw (View All Posts • View Bio) Published: August 12, 2016

Since the Supreme Court of Canada decision in D.B.S. v. S.R.G. 2006 SCC 37, retroactive child support orders have been made pretty frequently against parents who have not been paying child support in accordance with the Federal Child Support [...read full post]

Categorized: Appeals, Case Analysis, Child Support, Commentary.

In High Net Worth Asset Division Cases:  Is Spousal Support Still Payable?

Written by: HRLaw (View All Posts • View Bio) Published: August 5, 2016

The short answer is, YES, but it is case specific and may not be the amount recommended by the Federal Spousal Support Guidelines.

The leading case in BC that addresses this issue is Chutter v. Chutter, 2008 BCCA 507 [...read full post]

Categorized: Case Analysis, Maintenance, Property Division, Spousal Support.