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In our recent July 21, 2005 article on separation agreements and BC child custody and BC child guardianship and BC child access we opined that the test to vary a BC separation agreement's custody terms was now higher than the test to vary a custody order under the Gordon v. Goertz test. The Alberta decision of Hearn applied the Miglin test for variation of a custody agreement and a similar test was applied by Martinson J in L.E.G v. A.G. but a recent BC Court of Appeal decision reflects a more traditional approach to custody arrangements made in separation agreements and applies a much lower test to vary.
Continue reading "British Columbia Custody and Separation Agreements" »
On April 17, 2003, the Supreme Court of Canada released the long-awaited judgment in Miglin v. Miglin [2003] S.C.J. No. 21, 2003 SCC 24, regarding separation agreements. All nine justices of the Supreme Court of Canada heard the appeal from the Ontario Court of Appeal. Judgment for the majority of seven justices was written by Mr. Justice Bastarache and Madam Justice Arbour. Mr. Justice LeBel wrote the dissenting reasons for himself and Mr. Justice Deschamps.
Continue reading "Case Comment on Miglin v. Miglin: Are Separation Agreements Finally Final?" »
Revoking Designated Beneficiaries: Better Safe than Sorry!
Once parties have completed a separation agreement or have finalized the division of property after a divorce or relationship breakdown, each may believe that they have sufficiently dealt with property matters and can move on with their lives having successfully disentangled themselves.
This may not always be the case. There may be other matters not specifically dealt with either by way of an agreement or court ordered division of assets, such as estate planning issues. Life insurance policies and Registered Retirement Savings Plan accounts are examples of the types of assets where spouses often designate each other as beneficiaries. Some designations may be irrevocable, while others are revocable.
Continue reading "BC DIVORCE AND BC FAMILY LAW RRSP'S, PENSIONS AND INSURANCE ALERT" »
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