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Why you may need a Family Lawyer if you are moving in together in British Columbia

Moving in Together or Getting Married in British Columbia?

Why You Might Need A Family Law Lawyer

While most people are familiar with the need for legal advice in the event of a separation or divorce, many people are uncertain as to what their rights and entitlements may be in the event of starting a new relationship.

The Law surrounding marital relationships is complicated. Once you start living together, some legal rights and entitlements arise very quickly, particularly regarding spousal and child support for step children.

In addition, pursuant to the Family Law Act, if you marry you are instantly governed by the law in this area. If you live together for two years you are treated pretty much the same as a married couple. Many people are not comfortable with the government’s assessment of their relationship in this regard. Some people never intended to become instantly responsible for someone’s support or considered the "same as married". Some people never intended to share all their assets. Most people never intended to share in their partner’s debts. And although the obligations imposed on people pursuant to our new Law are onerous, the government also permits people to contract out of this legislation by entering into a Cohabitation Agreement, a Prenuptial Agreement or a Marriage Agreement. These Agreements are becoming more and more prevalent, particularly with new Millennials earning good incomes and with everyone who already owns property and is now entering a new relationship.

Ignorance of the law is not a valid position in Court. Managing risk is always financially prudent. At the very least, meet with a family lawyer to discuss how you may be impacted by these laws. If you are considering discussions with TLC Family Law Practice regarding a Cohabitation Agreement, Prenuptial Agreement or Marriage Agreement, ask about our Flat Fee estimates.

tracy clark