Draft effective family law agreements
This publication is essential for: any lawyers drafting family law agreements.
Current to: December 1, 2016
Family Law Agreements—Annotated Precedents is British Columbia's premiere collection of precedential clauses for drafting family law agreements. Written and peer-reviewed by leading members of the family law bar, this trusted package of tools is the resource that you need to draft effective agreements for your family law clients.
With this resource, you will have:
- a wide range of clauses to choose from, with guidance on when and how to use the clauses
- access to the Document Builder tool to select clauses, build and save an agreement template, and download it to your computer
- annually updated, concise discussion of the current law, practice tips, and tax implications
Watch this Document Builder demonstration from our friends at Courthouse Libraries BC:
Online access conveniently places this resource at your fingertips and is fully searchable with links to full-text cases and legislation.
Highlights of the 2017 Update
- discussion of Boekhoff v. Boekhoff (BCCA) (2016) — remedies available to the 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
All features of this publication, including the legislation; sample agreements; case, statute, and reference tables; subject index; and accompanying disk containing the clauses and precedents, have been updated.
CLEBC Legal Editor
Thomas G. Anderson, QC — Barrister & Solicitor, North Vancouver