Family Law Matters

Cohabitation Agreement Upheld- S. 93 Family Law Act

In Hudema v Moore 2021 BCSC 587 the parties signed a cohabitation  agreement between themselves that while they cohabited, the relationship would NOT be defined as marriage like, the court

When Did Spouses Separate

Liapis v Keshaw 2021 BCSC 502 dealt with the issue of when did spouses separate. It is common in family and estate litigation for parties to dispute: – Was there

When Does a Marriage -Like Relationship Begin

In order to determine what property constitutes family property the court must first decide when the parties’ marriage like relationship began. Section 3 of the FLA sets out when a

Duress In Family and Estate Situations

Blom v Blom 2921 BCSC 181 set aside a separation agreement and gift letter on the basis of the common law remedy of duress.   The claimant also pleaded S
Annulment for Non Consummation

Annulment for Non Consummation

In S.Z. v X.J. 2020 BCSC 1336 an annulment was granted on the grounds that the marriage had not been consummated, and could not be consummated due to the respondent’s
Wills Variation vs. Family Law Considerations

Wills Variation vs. Family Law Considerations

The wills variation reasons for judgement  in Kish v Sobchak 2016 BCCA 65 discussed the recent intrusion of family/divorce law considerations into the law of wills variation. Kish reduced the
Posthumous Births: Conception After Death

Posthumous Births: Conception After Death

Section 8.1 of WESA provides as follows: 8.1 (1)      A descendant of a deceased person, conceived and born after the person’s death, inherits as if the descendant had been born
Recognizing Personality Disorder

Recognizing Personality Disorder

My experience is that many children of parents with a personality disorder end in estate litigation, and I may be important to recognize this. Generally speaking, people with personality disorders
Broken Inheritance Promises

Broken Inheritance Promises

Broken inheritance promises generally fall under the law of the doctrine of proprietary estoppel- the leading case Cowper-Smithv Morgan 2017 SCC 61 sets out the general principles of which are
Marriage Annulment For Non-Consummation

Marriage Annulment For Non-Consummation

An Ontario decision Razavian v Tajik 2019 BCSC 5662 granted an annulment of a marriage by reason of a bride’s refusal to have sex with her new husband due to