Agreements can be used at any stage of a relationship, for a variety of purposes. At Goluboff & Mazzei, we will review your concerns with you and help you to negotiate an agreement that is appropriate for your circumstances and objectives.

Committed Relationships

Before a couple gets married, they may sign a marriage agreement. This document, also known as a cohabitation agreement for common-law couples, may outline each spouse’s responsibilities during the relationship, possibly including how debts and assets will be divided. It will also specify how property will be split if the relationship ends; in this way it has the function of what is known outside of Canada as a prenuptial agreement or “prenup.”

Separated And Divorcing Couples

When a relationship ends, and there is no existing agreement, a couple should resolve their issues by way of a separation agreement prior to divorce. This document can cover how assets will be divided, and who will care for minor children.

Parenting Agreements

After separation or divorce, most former spouses will continue to parent their children together. A parenting agreement outlines what the parenting relationship will be, including where children reside and when they will be in each parent’s care. Other important issues, such as decision-making authority and responsibility over important issues in the lives of the children, such as religion and medical care, may also form part of this agreement.

These agreements can be as detailed as the father and mother want them to be. Children, if they are of sufficient maturity, may have input into arrangements made for their care.

Agreements can be used at any stage of a relationship, for a variety of purposes. At Goluboff & Mazzei, we will review your concerns with you and help you to negotiate an agreement that is appropriate for your circumstances and objectives.

Divorce is covered by the federal Divorce Act, and only a judge can declare the end of a marriage. This process may be more expedient if the couple has already agreed on the matters at stake. Among the features of a typical divorce settlement are:

• Child custody and guardianship, also known as parenting time
• Child support
• Property division
• Spousal support

While it is possible to go to court to resolve these matters, typically it is in everyone’s best interests to negotiate resolution. Negotiation often achieves a result similar to what a court would issue, without the conflict of litigation. Since spouses are participants in the process, they leave the process more satisfied and the agreements tend to work better in the long term.

When it comes to your family, especially your children, simply coming to an agreement is not enough. It has to be the right agreement, and it has to be achieved in a respectful and meaningful way. Often, even if the final result is acceptable, the conflict that led up to it can have long-lasting and damaging effects. For this reason, many separating spouses choose not to use the court process to resolve the issues arising out of the breakdown of their relationship.

Collaborative law is a distinct legal process that is different from mediation or arbitration. In collaborative law, spouses and their lawyers “contract out” of going to court. The focus is on achieving an agreement that works for everyone, in a respectful and open manner, focused on minimizing conflict, while meeting the specific needs of the parties and their children.

Collaborative law is for spouses who are committed to working together to settle their issues related to parenting, finances and other matters upon separation or divorce. As an out-of-court process, the spouses, with the assistance of their lawyers, maintain control of the process and the decision-making. There are no surprise outcomes, and the parties set their own priorities, using all the resources they have at hand.

In a collaborative law process, participants often obtain advice from outside experts. Social workers, parenting experts and/or financial planners may be consulted so spouses have the information they need to come to a final resolution on their divorce or separation.

Collaborative law must be approached in good faith and with a focus on achieving agreement, not prolonging conflict. As our family law lawyer has a background in counselling, she has the broad-based knowledge to assess whether it is the right process for you and to be your legal representative in collaborative law proceedings.

With over three decades of experience, the divorce lawyers at Goluboff & Mazzei have the knowledge and expertise required to guide you through the property division process while protecting the interests of everyone involved.

Our family lawyers will take the time to understand your case in its entirety. We understand that property division is a stressful and emotionally-charged process and are committed to working towards the best possible outcome.

When a marriage, common-law relationship, or other similar partnership breaks down, the matter of asset division moves to the forefront. Both parties have a vested interest in how property and debt are allocated and it is important to ensure that no detail is overlooked.

Under the BC Family Law Act, each partner is typically entitled to half of all family property accrued throughout the course of the relationship. The property will be divided equally unless the courts determine that doing so would be significantly unfair.

Property that falls under this category includes:

• Residences (primary and secondary)
• Bank accounts
• RRSPs
• Investments
• Pensions
• Insurance policies
• Business partnerships

Some types of property are excluded from the division rules. These things may include:

• Property owned by one person prior to the beginning of the relationship
• Inheritances
• Gifts given to one partner
• Insurance proceeds
• Trusts

Goluboff & Mazzei
Suite #201 – 585 16th Street,
West Vancouver, BC, V7V 3R8