Resolve family matters with Maio Law – conveniently located in Kelowna at Harvey (Highway 97) and Gordon Drive. Maio Law provides a full range of solutions for family legal matters, where and when you need them across Kelowna and surrounding areas.
Whether you are getting married and want to inquire about a prenuptial agreement or are moving in with your partner and want to a cohabitation agreement, Maio Law located in Kelowna, British Columbia can assist you in navigating the touchy subject. Understanding that the process is difficult for some if not most individuals. Maio Law works closely with you to ensure that the process of drafting, understanding, and executing the prenuptial agreement is easy and seamless. Should you be in a position where you need independent legal advice as you are a party to the agreement without current representation, Maio Law can also assist you in helping you understand how the agreement effects your legal rights.
You may know this Agreement as a:
But essentially they all reference the same legal document.
A marriage may convert a cohabitation agreement into a marriage contract where the agreement specifies such, or where there is no consensus to revoke the cohabitation agreement.
A marriage contract is an agreement between two persons who are married to each other or intend to marry, in which the parties agree on their respective rights and obligations under the marriage or on separation, annulment, divorce, or death, including:
A marriage contract may not:
If you and your spouse or partner are separating and would like to obtain a separation agreement, Maio Law firm in Kelowna can assist. Drafting separation agreements or providing independent legal advice for the other party to the agreement. Maio Law understand that you are going through a difficult time and works with you to make the process as smooth as possible.
Two person who are married or have cohabitated in a marriage like relationship and are now living "separate and apart" may enter into a separation agreement in which they agree on their respective rights and obligations, including: child custody/access, property (matrimonial home), debts, and spousal and child support. A separation agreement is not limited to married persons but may include any persons who have cohabited in a marriage like relationship. It is important that both parties to the agreement act in good faith and make full and complete financial disclosure. A separation agreement is not mandatory; however, it is highly recommended as without one the rights and obligations between individuals will not be settled. It is true that a Separation Agreement does not have to be drafted by a lawyer, however, like any contract, a separation agreement can be reviewed by the court on application by one of the parties to the agreement. Where one, or neither party had legal advice with respect to the terms and obligations of the contract, it is possible for a court to alter the terms that were agreed to.
Maio Law can also assist with an uncontested divorce. Understanding that it is a difficult time in your life and completing the paperwork and filing the required court documents can be time consuming and confusing. When you retain Maio Law to assist with obtaining a divorce, the primary goal is taking the weight off your shoulders and complete the process saving time and stress.
A divorce application can be commenced by either party in the British Columbia Supreme Court by filing a Notice of Family Law Claim naming the other party as the Respondent. A divorce proceeding may be either defended (contested) or undefended (uncontested) meaning the spouse that has been served with the Notice of Family Law Claim and has decided not to file a Response to a Notice of Family Law Claim within the time period required. Where the parties are disagreeing as to any support payments, whether spousal support or child support, or are disagreeing as to family property, family debt, or excluded property, the divorce will likely be contested. However, if the parties agree on these matters or have finalized them in a separation agreement, or a prenuptial agreement which becomes a separation agreement on the occurrence of a described event, then the divorce can likely proceed uncontested.
Where the parties wish to proceed via an uncontested divorce, our firm can assist with the procedure to ensure that the correct steps are taken in a timely fashion to ensure your divorce is finalized.
Are you a party to a cohabitation agreement, marriage agreement, or separation agreement and require Independent Legal Advice. Maio Law can assist to make sure you understand the legal implications of entering such agreements. Meeting with you and personally reviewing the agreement to make sure you have a thorough understanding of what you are signing. Call Maio Law today to schedule an appointment to get started.
In most if not all cases, the separation of the family unit is a difficult, emotion filled process. If the parties cannot reach an agreement amongst themselves as to separation, the courts are one of the avenues of recourse to settle disputes.
In the Province of British Columbia, like many of the other Provinces, a family law proceeding may be initiated within the Provincial Court or the Supreme Court whether the parties are married or in a “common law” relationship. The primary difference between the two is that the Supreme Court has authority with respect to property division, whereas the Provincial Court has no jurisdiction with respect to division of real and personal property of the marriage. This applies whether a couple is married or considered a “spouse” according to section 3(1) of the Family Law Act British Columbia.
In the Supreme Court, individuals initiate a proceeding by filing a Notice of Family Law Claim and a Respondent in turn files a Response to a Notice of Family Law Claim. The Respondent may also file a Counterclaim in the proceeding which will have to be responded to by the Applicant. In the Provincial Court, an individual initiates a proceeding by filing an Application to Obtain an Order most often times with a Notice of Motion and a supporting affidavit. The Respondent then has to file a Reply and may file a Counterclaim as well. Where either party makes a claim for spousal support or child support, financial statements together with three (3) years of taxation documentation must be filed. In the Supreme Court, the form is called a Form 8 Financial Statement; and in the Provincial Court, the form is called a Form 4 Financial Statement.