Your time-saving tool for drafting family law agreements
This publication is essential for: lawyers and mediators drafting family law agreements
Current to: December 1, 2019
Drafting family law agreements requires careful consideration and can be time-consuming, especially when you may not have a large collection of clauses to choose from. With Family Law Agreements—Annotated Precedents, you have access to carefully considered precedents of some of BC's most accomplished family law lawyers. To help you draft effective agreements, this tool gives you sample clauses, commentary explaining the law and best use of the clauses, and tax advisories throughout. The online version features CLEBC's document builder which allows you to select clauses to build and save agreements to download into your files.
With this resource, you will be able to:
- conveniently build a collection of family law clauses that are updated annually
- quickly access a wide-range of clauses to fit your client's situation
- understand the tax considerations when advising on specific arrangements for a family law agreement
Buy today to access your ready-made family law clause bank! View a sample from this book!
Highlights of the 2020 Update include:
- updated tax information and commentary on:
- the Divorce Act changes introduced by Bill C78 and anticipating the impact particularly with respect to mobility disputes
- specifying status for tax purposes and its significance in determining spousal status and family law rights and obligations under the Family Law Act
- principles that apply when tracing excluded property and identifying the excluded portion of different kinds of property (such as a personal injury award)
- the law respecting the presumptions of advancement and resulting trust and evidentiary considerations when determining whether a spouse's actions confer a gift of excluded property
- springing powers of attorney and the significance of acting while the principal is mentally competent
- the meaning of "best efforts" and when it is appropriate to rely on that legal concept when drafting, or instead, specifying what is required
- recent developments in prepayment of obligations as an alternative to security (i.e., for support), recent developments in charging orders to secure support, and discussion of fines as an enforcement mechanism for family law agreements
- considerations in dealing with shareholder's loans
- separation agreement arrangements for adjusting property rights between spouses taking into account market volatility
- recent cases on oral agreements and other agreements that are not formally recorded, information on reviewing an agreement between unmarried spouses made before the FLA came into force, discussion on how delay in implementing an agreement, or failure to abide by the terms of an agreement over time, may impact rights under it and discussion of arrangements in an interim agreement to deal with unanticipated delay in finalizing outstanding family law issues
- recent developments in principles of res judicata and doctrine of collateral attack
- updated clauses and drafting considerations on:
- dealing with contingent or inchoate rights and liabilities that will or may crystallize after the family law agreement is made
- dealing with excluded property that is subsequently gifted to the other spouse
- excluding from division both accrued, and future, pension entitlement when making a marriage or cohabitation agreement
- providing for the payment of money and the consequences of not specifying a time for payment
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CLEBC Legal Editor
Thomas G. Anderson, QC — Barrister & Solicitor, North Vancouver