Family Law Agreements - Annotated Precedents

This book is essential for: any lawyers drafting family law agreements.

Current to: June 1, 2011  

Now in its third edition, Family Law Agreements—Annotated Precedents is the premiere source for precedent clauses for family law agreements. Edited by an expert editorial board, the collection includes commentary on when and how to use the precedent clauses, as well as concise discussions of current law, practice tips, and tax implications. Included are sample separation, cohabitation, and marriage agreements. The book is updated each year. Subscriptions include online access with search capability and links to the full text of case law and legislation, and precedent clauses and agreements on CD-ROM.

NEW! An added feature to the book's online version is the document builder. This newest feature allows users to select desired clauses, create complete document templates, save the templates for future use, and download the complete document to the user's computer.

NEW! ONLINE ONLY annual subscriptions are now available. Click here to subscribe.

Highlights of the 2011 Update

• updated cases affecting the drafting of family law agreements
• the aftermath of Hartshorne and the rise of common law challenges
• the evolving legal principles equating agreements and consent orders
• updated tax information
• guidance on separated parties preserving inheritances for children from claims by a new spouse
• recent mobility cases and drafting considerations
• imputing corporate income in calculating support and tax adjustments when income is earned outside Canada
• limitation periods and various family law claims
• the Pinder case, spousal support, pension division, and double dipping
• additional information on beneficiary designations
• unrevoked beneficiary designations and drafting options
• tips and traps when using insurance to secure spousal support obligations
• dealing with confidentiality and privacy issues
• expanded information on dealing with and dividing RRSPs, RRIFs, and LIFs
• the relationship between support, income, retirement, and benefits (pensions, disability, CPP) and advice on integrating clauses dealing with these financial issues
• updated pension clauses
• legal change on the horizon (the White Paper on the Family Law Act)
• revisions required to address the requirements of the new Family Law Rules
• updated versions of the case table, statute table, and index

CLEBC Legal Editor 
Thomas G. Anderson, QC — Barrister & Solicitor, North Vancouver

CONTENTS
________________________________________

Part I: Introductory Chapters

• Overview of the Book
• When Courts Will Vary a Family Law Agreement
• Alternatives to Agreements: Minutes of Settlement and Consent Orders
• Marriage Agreements and Cohabitation Agreements
• Tax
  

Part II: Sample Clauses

• Introductory Parts and Recitals
• Introductory General Clauses
• Children: Custody and Access
• Child Support and Spousal Support
• Security and Enforcement
• Land
• Pensions and Other Plans
• Businesses, Investments, and Corporations
• Other Property
• Debts
• Concluding Clauses
• Clauses for Cohabitation and Marriage Agreements

Part III: Sample Agreements
Agreement 1: Separation Agreement
Agreement 2: Cohabitation Agreement
Agreement 3: Marriage Agreement

Features

This edition of one of CLEBC's original manuals features:

• revised annotations to reflect legislative changes
• updated tax advice 
• commonly recurring and specialized situations
• online access to electronic version with hyperlinks to primary law
• document builder (NEW!)

Editorial Board
Paul R. Albi — Davis LLP, Vancouver
The Honourable Madam Justice Hope C. Hyslop — The Supreme Court of British Columbia, Kamloops