Following the Guidelines
The BC Court of Appeal has once again confirmed how inadvisable it is to ignore the Advisory Spousal Support Guidelines. While being very careful not to elevate them from their guidlininess, Mme....
View ArticleMaintenance on the Death of a Party
When a party to litigation between spouses passes away, a question can arise as to the status of litigation regarding ongoing child and spousal maintenance. In Crain v. Crain 1996 CarswellBC 1174, the...
View ArticleFallout from a No-Show
Is there any difference between an order pronounced after a contested hearing and one ordered when one of the parties hasn’t attended? The order itself is equally valid and binding in each...
View ArticleInvesting in Divorce? Not here.
Sometimes a new idea comes along which reaffirms our faith in what we already have. A company has been formed in California with the sole purpose of financing divorce litigation. The firm justifies...
View ArticleWhat If No One Follows An Order?
In the recently decided case of Newton v. Luettger, 2011 BCSC 995, the court made an observation which, while simple, is also far reaching in its effects. The case involved a 2005 trial custody order...
View ArticleWhat does it take to Separate?
At Henderson Heinrichs, we are often asked to seek a determination that the spouses in a marriage have no reasonable prospect of reconciliation. Normally, this is not a particularly contentious issue....
View ArticleAgreements are meant to be followed
At Henderson Heinrichs, we regularly negotiate and conclude separation agreements for our clients. Parties cannot take the provisions of these agreements lightly. When you reach an agreement with...
View ArticleThe Court as Custodial Parent?
What rights does a court have over child related decisions when an interim custodial parent has been named? This question, in the context of the custodial parent’s decision to move out of the country...
View ArticleBankruptcy and Property Claims
It is important to understand that once someone declares bankruptcy, all his or her rights to bring on claims in court with regard to property vest in the Trustee of that bankruptcy. Section 30(1)(d)...
View ArticleNon-Payment of Child Support: Is it Family Violence?
In the new Family Law Act, the legislature has provided an expansive definition of “family violence” which includes, amongst other things: 1 (d) psychological or emotional abuse of a family member,...
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