Family and Civil/Tort Law

What are the steps for dividing property + assets during a divorce?

1. List and calculate your assets on the day of separation

2. Subtract the value of gifts + inheritances from the value of assets

3. Subtract your total debts on the date of separation to provide a total property value on the date of separation

4. List and calculate the value of your assets, less debts, on the date of marriage

5. Subtract amount #4 from amount #3 to calculate each spouse’s net family property

6. Deduct the lower net family property from the higher one, and divide the difference by two to determine the amount of the equalization payment.

The balance us paid out by - proceeds of the sale of their home, a transfer of RRSPs, or a loan.

When can division of property be unequal during a divorce?

• When the length of the marriage was very short *specify

• How long they have been separated

• Date when a specific asset was aquired

• Gifts + Inheritances

In a divorce, who receives the matrimonial home?

• It does not matter whose name is on the home ownership papers

• Each spouse has the right to share equally in the process in which they agree to sell it

• One person could be bought out, or both can sell it and split the profits

What happens to family assets and what happens to non-family assets?

• Family assets are divided equally

• Non-family assets (e.g. stocks, bonds, pension, RRSP, investments) don’t get shared unless one person can prove that they helped the other get that pension benefit, etc, whatever it may be

What are the minimum ages for marriage in Canada, and specifically in BC?

General Canada - 14 for males, 12 for females

BC - 19 for males, 16 for females

What are the essential requirements for marriage?

1. Mental Capacity: both people must understand what they are agreeing to (those with e.g. dementia, drunk, high, cannot marry)

2. Genuine Consent: Both people must consent freely to getting married without getting forced. If there is a mistake, the marriage may be declared void

3. Minimum Age: Both people must be old enough. Canada - 14 for males, 12 for females, BC - 19 for males, 16 for females

4. No Close Relationships: You cannot marry someone who is closely related to you e.g. blood relationship or adoption. First cousins are free to marry

5. Be of unmarried status: Both people must be unmarried at the time of their marriage.

What’s another name for “Formal Requirements”?

Solemnization of Marriage

Formal Requirements/Solemnization of Marriage

1. Issuing a marriage license or banns

2. Performing the marriage ceremony

3. Establishing age requirements

4. Registering the marriage