Your time-saving tool for drafting family law agreements
This publication is essential for: anyone looking for BC-specific sample clauses for family law agreements.
Current to: December 1, 2016
Drafting family law agreements can be time-consuming, especially when you may not have a large collection of previous ones. With Family Law Agreements – Annotated Precedents, access the precedents of some of BC’s most accomplished family law lawyers. This resource is the premiere place to find BC-focused sample clauses, sample agreements, and drafting considerations for separation, cohabitation, and marriage agreements. This practical tool includes commentary explaining use of clauses and alerting you to relevant law, along with discussion of variation of agreements and tax implications.
With this resource, you will be able to:
- draft separation, cohabitation, and marriage agreements more quickly and confidently
- select from various versions of clauses and optional clauses to fit your client’s situation
- more carefully consider potential litigation and tax implications when using particular language
Buy your copy and cut down on your drafting time today!
The online version features CLEBC’s document builder which allows you to select clauses, create complete documents, and save and download documents for future use.
Watch this Document Builder demonstration from our friends at Courthouse Libraries BC:
Highlights of the 2017 Update
- discussion of Boekhoff v. Boekhoff (BCCA) (2016) — remedies available to supported spouse who agreed to take reduced support; surprising restoration of Rule in Cumber v. Wane that agreement accepting lesser amount unenforceable for want of consideration; use of estoppel to deny claim to arrears
- discussion of new case law where waiving CPP survivor benefits was held to also waive entitlement, if relationship ended, o share in benefits payable during member's lifetime
- new clauses on alternating claims to equivalent-to-spouse (eligible dependant) tax credit
- new clauses on arriving at listing price where family residence to be sold
- division of benefits in pooled registered pension plan ("PRPP")
- target benefit plans
- waiver by spouse or former spouse of entitlement to guarantee period at any time before death of plan member under Form 2 of new Pension Benefits Standard Regulation
- new FLA s. 132 agreement to preserve pension commencement date
- discussion of case law on exclusion from family property of compensation for injury or loss
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CLEBC Legal Editor
Thomas G. Anderson, QC — Barrister & Solicitor, North Vancouver