Personal Law Articles

What is Nikāh and is it a valid legal marriage in BC?

In Islam, a Nikāh is considered to be a contract between a husband and wife. A Nikāh can be oral or written, however confirmation of the agreement must be done in front of at least two adult male witnesses or one adult male witness and two women. Preferably, the Nikāh would be put in writing…. Read more »

The Foundations of Family Law

Family Law Family Law is a unique area of law that assists couples during the beginning, middle and end of their relationships. While some assume that the purpose of family lawyers is to assist with legal conflicts once a relationship has dissolved, family lawyers serve a large variety of other purposes ranging from the protection… Read more »

What is Excluded Property?

Excluded property is the property that a spouse brings into a relationship and inheritances or gifts received by one spouse during the relationship. In B.C., the rules about the division of family property apply to both married couples and unmarried couples who have been living together in a marriage-like relationship for at least two years…. Read more »

Child Support in British Columbia

Parents must provide adequate support for their children up to the age of 19. Additionally, the parents may also have to provide support to children above the age of 19 if the child depends on the parent. Adequate support for a child means ensuring that the child is cared for, is educated, is healthy, and… Read more »

Parenting During and After Separation or Divorce

Parenting during and after separation and divorce is one of the most sensitive major topics in family law. The law assumes that it is in the best interest of the child to have as much time with each parent as possible. With limited exceptions, it is becoming rarer to have one parent with exclusive parenting time. If… Read more »

Spousal Support Calculations in British Columbia Explained

One of the challenges of a separation is dealing with the finances for both parties going forward. Spousal support can help a spouse become financially self-sufficient, can help a spouse rehabilitate their ability to financially provide for themselves, and can prevent a spouse from suffering from financial hardship as a result of the separation. Spousal… Read more »

Nullity of Marriage

Nullity of marriage (also called an annulment or annulling a marriage) is one of the most frequently discussed core topics of family law, but is available in only a small number of circumstances when there exists a legal defect in the marriage. Generally, the marriage can be nullified and voided if the marriage itself was… Read more »

Are We Common Law?

“My partner and I have been living together for over two years. Are we common law?” When you live with someone without being married, it’s called living in a common-law relationship. If you do this, the law usually sees you as a spouse after a certain amount of time. To be considered to legally be… Read more »

Inheriting Hinges on the Reality of your Intentions

A common motivation for creating a will is to protect and care for our loved ones when we are no longer there to do so. It is a safety net for those who are left to manage the assets and monies of the deceased. Typically, spouses will name each other as their executor and beneficiary…. Read more »

Marriage/Cohabitation Agreement – The insurance policy for all relationships

When you’re getting married or beginning to live together, the last thing you might want to think about is your relationship ending. However, having a plan in the form of a marriage or cohabitation agreement can protect your rights should that relationship ever end. A marriage/cohabitation agreement is a contract between two people in a… Read more »