Divorce in British Columbia
Choosing to leave your relationship is a significant & often difficult decision. Our Vancouver Divorce Lawyers will protect your rights in divorce.
A POWERFUL BLEND OF LEGAL AND FINANCIAL EXPERTISE
Ending a relationship is a difficult decision for any family. When children are involved, the issues can seem overwhelming. Our Vancouver Divorce Lawyers are here to take the stress out of divorce and separation. We are experienced in all legal issues affecting your divorce including division of assets, determining excluded property, child and spousal support, parenting, guardianship, custody and access, debt allocation and resolution. Whatever your situation, we have the experience to help you navigate it successfully and find the best path forward.
The decisions you make during your divorce are not only emotionally and mentally exhausting, they can also be financially devastating. Your decisions can have a long lasting negative impact on your current and future financial future. Do not make them uneducated and alone. Our Vancouver Divorce Lawyers are skilled at managing the divorce process and ensuring that our client’s future is protected.
We are here to evaluate and present your financial picture realistically and set the agenda on key issues that will determine your post divorce future, including your liquidity, future income and property, and parenting time. If your spouse controls the family finances, we will work with you to gain an understanding of your spouse’s financial circumstances. We do not shy away from going to court to uncover hidden income and assets.
If you think you are heading for a divorce, don’t delay. Many divorce issues are time critical. Speak with a Divorce Lawyer to know what your rights are. We are skilled at negotiating on your behalf and ensuring that your rights are protected.
DIVORCE WITH CONFIDENCE
When it comes to divorce and separation, there is not one single solution that works for everyone. At Nasser Allan, our team of Vancouver divorce lawyers will work with you to understand your situation and craft a custom strategy for your case: whether it be negotiation, mediation, or litigation.
Our expertise as top Vancouver divorce lawyers means we can understand what avenue best suits your fact scenario given the personality traits at play. Our goal is to resolve your matter as efficiently as possible, without sacrificing results.
KEY ISSUES TO CONSIDER
Determine duration of your relationship: when you entered into and ended a relationship can have significant implications when dividing property. There may be strategic benefits to challenging or suggesting different dates for commencement of relationship or separation, so long as those challenges are supported by the facts. Do not accept whatever date is suggested to you.
Consider what assets may be excluded family property: excluded family property is generally not subject to division upon divorce or separation and typically includes property acquired by a spouse before the relationship began, gifts from third parties, inheritances, and a portion of personal injury settlements. However, just because a property is classified as excluded property, does not mean that the entire property is excluded from division. The gain in the value of your excluded property is still subject to division.
Obtain appropriate and realistic asset valuations: The value of real estate, businesses, cars, art and collectables can be hard to determine. If you and your ex don’t agree on something, it is recommended that you hire a professional to determine the value of these assets. The costs of the valuation is often shared between you and your ex.
Find hidden assets, including overseas asset: Financial disclosure in family law is critical to the success and resolution of all family law cases. Without it, parties cannot fairly negotiate, litigate, or have any kind of productive discussions regarding their property or support issues. If you fail to disclosure, lie, or hide your assets, you risk a judge making an adverse inference against you.
Consider imputing income to your spouse: A self-employed spouse is often in a position manipulate their income in order to make it appear as if they earn less money than they actually do. This means that if either you or your spouse are self-employed, determining income for support purposes is more complicated.
Secure cash advance to fund your case: The Family Law Act allows you seek interim cash advances from family property to fund your litigation, dispute resolution, or to obtain information or evidence in support of your case.
Recognize the history or status quo of your children’s care: courts are often reluctant to interfere with the “status quo” or history of your children’s care. There is a presumption in favour of maintaining a particular parent regime or arrangement when children are accustomed to that schedule. Having that said what for signs of parental alienation.
Protect Yourself and Your Property
What property belongs to you and what property belongs to your ex spouse, from the matrimonial home to antiques to stocks, will need to be evaluated and divided. This division not only applies to your assets, it also applies to your liabilities. Not all debts are “family debts”, which means how much and to whom can be open to debate.
There are also tax implications that need to be accounted for when dividing property, ranging from who will get the deduction to making sure that your settlement is structured to take advantage of available tax deductions.
Division of Family Property Can Be Complex
While the law dealing with division of property is simple, the implication of the law can be complex, especially when emotions are involved. For example, what happens if one person brings an asset into the marriage, when then accumulates substantially in value, to the extent that the other party is unable to buy their co-spouse out of that asset? Would selling the asset amount to a significantly unfair result, if the other spouse never contributed to the maintenance or upkeep of that asset?
At Nasser Allan, we work closely with our clients to develop a winning case strategy based on what matters most. In some cases, it may be preserving a family heirloom that is otherwise subject to division. We work hard to craft novel solutions to problems other lawyers might overlook. Our experience and legal expertise mean we are trained to take on complex property division issues and help our client’s reach a fair settlement, quickly.
CURRENT DIVORCE LAW ISSUES
Top 5 Things not to do if you are getting a divorce
Our Vancouver Divorce Lawyers work hand in hand with you to take the stress out of your divorce or separation so you divorce with confidence.
Mistakes to Avoid in Divorce or Separation – Explains Vancouver Family Lawyer
Each divorce or separation is unique. Having practiced as a Vancouver family lawyer for many years, I have encountered several common mistakes people make. Read our post to avoid those mistakes.
What Our Clients are Saying
Why choose us
We have the expertise
Our divorce lawyers have extensive legal knowledge to help you navigate complex legal disputes.
We care
We pride ourselves on our outstanding customer service, representing our clients with integrity and confidentiality.
We speak in plain language
Communication with our clients is paramount. You will always be kept in the loop and know where your case stands.
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We are upfront with what will be charged to you and work together with you so your case strategy does not exceed your budget.
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