File Your Separation Agreement Case On Time. Acting for the Respondent in a family law matter, HOM lawyer, Esteban T. Kähs, persuaded the Court to dismiss the Claimant’s division of asset and spousal support claims summarily for being filed with the court two weeks too late. HOM successfully argues dismissal of family law claim for […]
In their recent Hall v. Hall, 2021 BCCA 115 decision, the BC Court of Appeal again considered how changes can be made to one’s spousal support despite prior agreement with an ex-partner.
Before reviewing the Hall v. Hall decision, it is important to understand what statutory provisions apply to this question – how separation agreements governing spousal support may be set aside or varied?
A family law proceeding may be commenced in either the Supreme Court or Provincial Court, the latter often being referred to as “family court”.
Which of these “forums” you choose for your family law matter depends on several criteria, including:
- What type of remedy you are seeking?
- What type of procedural mechanisms or interim orders you may need to obtain this remedy or make it more likely?
- Where and how you hope to enforce the court order you obtain?; and
- The complexity of your case, whether you intend to represent yourself or if you’re willing to pay for a lawyer to do so?
If you believe that you were unfairly excluded from a will, then you may be able to bring forward a claim to revise the will. However, you must be aware that there are time limits within which this claim must be brought. Read on to learn more about will variation claims, the time limitation to file, as well as some possible exceptions to this time limit.
Although all couples come together with the hopes of never breaking-up, unfortunately break-ups happen often and certain rules are in place to protect both parties because of this. When it comes to marriages and marriage-like relationships, there are certain time limitations for filing family law claims that everyone should be made aware of. Please see below for more information on these specific time limitations.
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