Renshi v Renshi, 2022 BCSC 1942 (CanLII) The issue in focus: Application for an order setting aside terms of a separation agreement regarding child support
Separation and Divorce
BOUTIQUE KELOWNA FAMILY LAW FIRM
Deciding to end a relationship is not an easy one, especially where the parties have been together a long time and their lives are intertwined.
What you need to know about Divorce & Separation
In BC, there is no specific legal definition of “separation”. However, there are certain criteria that must be met: a physical separation; and pronouncement by one of the spouses that the relationship is at an end.
With respect to physical separation, the spouses may continue to occupy the same family home during separation, however, they must continue to live separate and apart from one another. Where the parties are legally married, a party may file a notice of family claim for divorce at any time based on the one-year of separation. However, the 2nd stage application for divorce may not be made until the parties have actually lived separate and apart for a period of at least one year
One should be aware that from the date of separation, a “clock” is started and a party living in a marriage-like relationship has two years to bring most claims. Where the parties are legally married, the ‘’clock” is activated upon the attainment of a final order for divorce.
During this stage, whether common-law or legally married, it is common to have legal questions pertaining to the new situation you find yourself in. Maio Law assists clients in navigating these new waters. Whether it is by way of preliminary family law advice, or assistance with drafting a separation agreement.
Why Choose Maio Law
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SEPARATION & DIVORCE INSIGHTS
Hinz v. Davey, 2022 BCCA 232 The issue in focus: The Courts jurisdiction under the Family Law Act (“FLA”) to retroactively vary support payments in