Steps in Preparing for Separation or Divorce in BC
One of the most important decisions anyone makes is the decision to get married or the decision to live with someone in a permanent relationship. An even more difficult decision is the decision to end such a relationship. Once you’ve decided to end a relationship or if you are thinking about doing so, unless there is some emergency reason involved, simply leaving your home unprepared is often the worst decision that you can make.
The reason is not because this may change your entitlements to the property or with respect to other issues, but because this decision can often, at least initially, determine how the dispute will proceed and with financial pressures you will be under prior to the dispute getting resolved. For example, if you have a limited income you may not be able to afford to live separate and apart from your partner. As well, if the accommodation you are currently living in has suitable space (e.g. a basement suite) it may not be necessary to separate. As well, as is discussed in our topic interim possession of the home, it may be possible for you to have the other party removed from the home, pending resolution of the dispute. Perhaps the best thing you can do, prior to separating, is to obtain legal advice on your rights and entitlements upon separation and divorce. You can contact us for this assistance. We do not charge for the first 20 minutes of our first initial consultation on family law in Vancouver, British Columbia.
Although each party has a responsibility to disclose all relevant documents in their possession or control during the litigation process, they do not have the exactly the same responsibilities prior to litigation occurring. In this respect, it may be important that you secure all of these relevant documents prior to leaving the home so they are available for you in negotiating a settlement and/or addressing the litigation process.
Some of the documents that you should consider maintaining would include the following, although circumstances of each case might require that other documents are necessary or some of the following documents are less important:
a) All report cards and medical records for your child(ren) or anything addressing his/her functioning or which would show a custodial preference;
b) Any medical records about yourself, which would relate to your ability to earn income or parent a child;
c) All bank account statements that you have in either of your names or in the name of another person or which are held by another person for either of your benefit;
d) All investment account statements, GIC statements, Term deposit statements that are held in either name or in the name of either of you and another, or held by a third party for either persons benefit;
e) Any and all property tax statements, mortgage statements, or property ownership documents with respect to any real property in either parties name, in the name of you and another, or held by someone else for your benefit both in Canada and abroad;
f) Any investment account statements, Canada Savings Bond statements or certificates, RRSP statements, pension statements held in either parties name, in the name of each of you and another, or held in the name of another for any benefit;
g) Any and all credit card statements, loan statements and or line of credit statements for this period of time;
h) Any mortgage statements with respect to any property as described above;
i) The financial statements and or tax returns from any business interests that either of you have has or that is held for either parties benefit whether the benefit, is paid by way of proprietorship or share interests;
j) Any and all rental documents with respect to any real property held in your clients name, in the name of you or another or held for your benefit, including without limiting the generality of this term any lease agreements, rental cheques, tax statements, and any applicable utility bills;
k) Any invoices for child related expenses, any bills for expenses relating to your child(ren), and any documents determining who will be responsible for these expenses such as e-mails;
l) Any correspondence and e-mails between you and the other party;
m) Any property tax assessments you have for a property owned or disposed of by you and/or the other party;
n) Your income tax returns over the relationship and any assessment notices complete with attachments, if possible;
o) Any contracts of employment and/or pay stubs; and
p) Any information respecting travel for any child(ren) in your care that is anticipated in the future, which may need to be addressed in these proceedings.
One of the other considerations, if you have the responsibility for children, will obviously be their security and maintaining their comfort. In this respect, it is difficult to provide you with any precise guidelines without knowing your circumstances. However, you should review the section of our website dealing with the determination of custody, guardianship, and parenting time/access, to formulate your initial planning with respect to these issues.
By and large, however, courts will generally want to maintain the stability of children in their home, especially younger children, and with older children, generally over the age of 10 or so, the court will be keenly interested on which parent they want to live with on a final basis. In this respect, ensuring that these older children’s views are considered or respected even prior to separation can be a vital consideration for you. In this respect, they too will likely appreciate maintenance of the status quo situation where they can remain living nearby, their friends and their school, with minimum disruption. However, again, facts and circumstances will vary and this is why it is important that you have the assistance of qualified family law lawyers like those at Dubas & Company, to address these considerations.
Contact us for a no-charge 20 minute consultation*:
Dubas and Company
email: jdubas@divorcebc.net
605 – 938 Howe Street
Vancouver, BC V6Z 1N9
Tel: 604.697.9107
Fax: 604.697.9108
*20-minute consultations must be in-person at our law offices, if at all possible.