Abbotsford, BC Divorce Court Orders and Court Order Modifications
Divorce and formal separation agreements produce court orders that must be followed. The court can levy any number of sanctions against a non-compliant actor.
Our team of family lawyers can help when your current court orders become too burdensome or unworkable. We help many clients obtain the modification of maintenance agreements, parenting orders, and more. While few people want to spend years in and out of court, there are situations in which the need to make these modifications becomes unavoidable.
Don’t have any court orders yet? When you separate the generation of these court orders is not automatic, either for pre-divorce couples or for common law partners. Ensure that your interests are protected and backed by the court by seeking us out to file the terms of your agreements.
Obtaining Formal Separation Agreements
You need a one-year formal separation to get a divorce in the province of British Columbia. While that separation is happening, questions arise. Who pays the mortgage and the light bill? Who is responsible for getting the children to school? Where will each party live?
While some couples manage to agree on these issues informally and mostly adhere to these agreements, they have no recourse if the other party fails to live up to their end of the bargain. A formal separation agreement solves this problem. It also serves as proof that you and your spouse have been separated for the proper period of time.
If you have a common law partnership then a formal separation agreement helps you protect your rights. You have all the same rights that a married couple has, but will generally need a formal agreement to handle parenting orders, the division of assets, and more.
Challenging Prenuptial Agreements
Do you and your spouse have a prenuptial agreement in place? Does the agreement make sense given the state of your life and assets today? Was it fair and enforceable in the first place?
We suggest that all couples form a prenuptial agreement prior to getting married in British Columbia.
However, some agreements simply should not stand.
A prenuptial agreement is a contract, not a court order. However, it is possible to challenge the validity of the contract. A judge’s intervention can modify your prenuptial agreement, and can ensure that you won’t be left to labor under court orders that no longer make any sense.
If you think your prenuptial agreement may be invalid, we’re happy to take a look.
Don’t have a prenuptial agreement yet? Did you know you can draft post-nuptial agreements that serve the same purpose? Reach out to our team to get help today.
Modifying Child Support Orders in Abbotsford, BC
We know that most of our clients want to support their children. However, we also know that situations change.
Your job changes. You suffer from an injury that changes the entire course of your career. Problems arise.
You have the right to seek the modification of a child support order that no longer matches your circumstances. When you work with us, you vastly increase your chances of showing the court that the changes to your circumstances are legitimate, real, and unavoidable.
The danger of seeking such a modification without our help is that a judge may come to believe that you have become unemployed or underemployed on purpose. This can lead to imputed income, which means the judge will simply decide how much money you should be making. This can mean you’ll be asked to pay far more child support than you can reasonably manage on your real monthly income, which can lead to dire consequences as the province starts trying to enforce the order.
Avoid this troublesome situation by reaching out to our family law office today.
Modifying Spousal Support Orders in Abbotsford, BC
Is your monthly maintenance payment higher than you can reasonably manage? Is your order about to expire? Have you undergone a change in circumstances recently? Has your spouse?
There are many legitimate reasons for modifying a support order, including:
- Your income has reduced since the orders were drafted.
- Your spouse’s income has increased since the orders were drafted.
- Your spouse has remarried since the agreement was drafted.
- Your order is set to terminate, and there are legitimate reasons to seek an extension.
Our lawyers will help you make the proper arguments to the courts.
Parenting Order Modifications
Have the needs of your children changed since your parenting orders were last set? There are many legitimate reasons to adjust the balance of parenting time, to adjust decision-making power, or to alter which parent will serve as the primary residential parent.
Work schedules change. Children’s interests changes. Children develop a strong relationship with one parent or the other. It’s a part of life.
Your ex may resist parenting order modifications or changes, but if they’re truly in the best interests of your children we can make your case before the judge. We can also help you negotiate with your ex, as it is always best to get your ex to “sign off” on any changes prior to making modification requests. With luck, parenting order modifications never have to become contentious, as in many cases they can simply serve as part of a normal co-parenting process as the years go by.
Get Help Today
If you need help altering your court orders, reach out to our legal team today. We will work hard to provide you with the legal support that you need to set or modify your court orders.
We’ve helped thousands of Abbotsford residents navigate tough family law issues.
Don’t try to go it alone. Tell us about your needs, and we’ll help you find solutions.
If you’re just starting the divorce process, contact us knowing that we’re ready to serve and support you. Your needs and goals may change over the years, but our commitment to you and your interests will never waver.
Call 1-604-504-8309 to get schedule a case review today.