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WHAT HAPPENS IN A DIVORCE?

If you are going through a divorce or you plan on getting a divorce in the near future, it will help you to understand exactly what happens in a divorce. Being prepared for what happens in a divorce will help you get through the process and help you make sure that you get everything you may be entitled to in the event of a divorce. The following is a step by step guide to what happens during an ordinary divorce proceeding.

STEP ONE: A PETITION IS FILED

This is necessary whether one or both spouses want to get a divorce. The petition includes the grounds for divorce, which can vary depending on the district; for the most part, most modern divorce cases are due to no-fault grounds like irreconcilable differences between the spouses. Some states do still have fault grounds laws on the books, including adultery, so if you believe this may be the case you should consult with your lawyer.

STEP TWO: ANY TEMPORARY ORDERS ARE PLACED

If there are children in the marriage or one spouse in the divorce relies financially on the other, then temporary orders will be placed in regards to custody and financial support. For example, a stay at home spouse who relies on their spouse for financial support will need to get a temporary financial support order so that they can continue to pay their bills as well as a temporary custody order (and temporary child support order) for the children. These temporary orders will remain active until the divorce court hearing.

STEP THREE: THE SERVICE OF PROCESS IS CARRIED OUT

The proof of service of process must be filed by the person who is filing for divorce. Ideally, these will be served in a civil manner, typically through the other party’s attorney rather than through more dramatic means such as having the papers served at the other spouse’s workplace.

STEP FOUR: THE OTHER PARTY RESPONDS TO THE SERVICE OF PROCESS

The person who received the service of process will now need to respond to the process petition. During this step, they can dispute the grounds for divorce if applicable; or they can dispute elements in the divorce such as financial support, child custody, division of property, and so on.

STEP FIVE: NEGOTIATIONS

In the case where both parties do not completely agree on all elements related to the divorce, they will need to negotiate. This may be done through settlement conferences or mediation. Negotiations are typically held on elements such as child custody, child support, spousal support and property division.

STEP SIX: TRIAL (IF APPLICABLE)

If the divorcing parties cannot resolve their issues through mediation, then the divorce case will need to go to trial.

STEP SEVEN: ORDER OF DISSOLUTION

Whether the case has gone to trial or not, the final step is the official order of dissolution. This order legally ends the marriage and legally lays out the issues negotiated or ordered during the proceedings, such as child support, financial support and more.

If you or someone you know is in need of a divorce lawyer or legal team that truly cares, contact Sidhu Lawyers today. Our team is here to help you through the legal process, inform you of your rights, and help provide you with the best outcome possible.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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POSITIVE OUTCOMES OF DIVORCE

The most common perception of divorce is that it is a negative result—that the ending of a marriage is something to be held in contempt at the very best. Yet divorce should not be seen as an inherently negative action; there are many positive outcomes of divorce that can leave both parties feeling happier and freer to move on with their lives. Let’s take a closer look at the most significant positive outcomes of divorce that you should keep in mind when you are dealing with your own divorce proceedings or if you are considering divorce as an option.

DIVORCE ALLOWS YOU TO SELF-REFLECT AND HEAL

​There are many circumstances in a marriage that may leave you wondering who you are and what you want to do in the future. And if your divorce is the result of years of negativity between yourself and your partner, then a divorce will finally allow you to step back from the situation, reflect on yourself and your partner, and begin the healing process. Divorce gives you a new perspective that will let you see your marriage and relationship in a new light; you may notice that there were red flags or other problems that you ignored early on, and the distance of the divorce gives you new clarity.

DIVORCE WILL HELP YOU FEEL EMOTIONALLY AND PHYSICALLY HEALTHIER

A stressful marriage takes its toll on your mental and physical health. Stress can cause all sorts of mental and physical health problems, including depression, anxiety, and even heart problems and high blood pressure. A divorce will let you separate yourself from those mental and physical health consequences, improving your overall wellness.

DIVORCE CAN HELP YOU FEEL EMPOWERED

A poor relationship can leave you feeling helpless and stuck–you don’t know how to get out of the situation, and you may even find that you no longer have the confidence that you can. A divorce will give you the empowerment you need to feel more confident and trusting in yourself: you can move on, you can start a new life, and you can get away from the negative effects of your marriage.

DIVORCE WILL HELP YOU MODEL HEALTHY RELATIONSHIPS FOR YOUR CHILDREN

​Children need to see healthy relationships in order to foster an understanding of what a happy and healthy partnership should look like; staying in an unhappy marriage will give children the wrong impression about what healthy relationships should be, which is why divorce is a positive outcome for children. A divorce will allow you to separate yourself from an unhealthy relationship and instead model a healthier dynamic for everyone involved. It’s easy to feel overwhelmed with divorce, especially if you—like many people—grew up to believe that divorce is something that should be seen in a negative light. But divorce can be a positive force for change that will leave you—and if you have them, your children—in a much happier, healthier and better place than you were during an unhappy marriage. Ensure that your family is represented by a team that has your best interests in mind with our professional divorce lawyers. Schedule a free consultation with our team today. ​

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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CHILD CUSTODY LAW – WHAT IS CHILD CUSTODY AND HOW IS IT DETERMINED

​If you are going through a divorce, plan to divorce or otherwise need to know more about child custody, then the following guide will help you understand the basics regarding child custody. ​

WHAT IS CHILD CUSTODY?

Child custody refers to the legal control over children’s care. A parent who has custody will typically have the child live with them all of the time or most of the time, whereas the parent who does not have custody will have a set visitation schedule and rights regarding asking about the children through a process called ‘access.’

TYPES OF CHILD CUSTODY

There are several different types of child custody. The child custody type will influence factors such as who lives with the child, who has say over decisions regarding the child, and so on. The following are the three primary types of child custody.

Sole custody: Sole custody refers to one parent who has singular custody over the child. Legally, the child will live permanently with the parent who has sole custody. A parent with sole custody will also have the legal ability to make the important decisions about the child, even without the agreement of the other parent. When one parent has sole custody, the other parent may still have access rites.

Joint custody: Joint custody refers to both parents having legal custody over the child. This means that both parents have a share in making important decisions regarding the child, and both have legal access to control and care over the child. When joint custody is arranged, the child may either live jointly with each parent on a part-time basis or with one parent. Joint custody involves a significant amount of co-operation with both parents in order to be successful.

Shared custody: Shared custody refers to custody wherein the child lives with each of their parents at least 40% of the time. The specifications regarding shared custody will vary on a case by case basis.

Split custody: This is a relatively new concept in regards to child custody. Split custody is considered to be a variation on joint custody. Split custody refers to a situation where there is more than one child from the marriage; in split custody, each parent receives sole custody over one or more children.

HOW IS CHILD CUSTODY DETERMINED?

Child custody is determined in several ways.

First, child custody may be determined by a mutual agreement between spouses. Courts will not interfere–in most cases–if both parents have agreed to custody and/or access rights. Parents are encouraged to come to a mutual agreement regarding custody and arrange it to be processed in a document such as a separation agreement.

In some cases, the courts may decide custody. This is typically done if both parents cannot come to a mutual agreement regarding custody.

The courts will use many factors to determine custody, including: the age of the child, whether or not the parent is likely to allow the other parent access to the child, stability of the home environment, the ability of the parent applying for custody to provide for the child, and so on. Visit us for more information.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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PAST MARIJUANA USE AND US ENTRY BANS

If you have ever been convicted of marijuana possession, you may already know that you need a waiver to enter the United States. Possession charges are a criminal offence that have historically lead to travel issues or a national entry ban. Though, did you know that admitting to any past use of marijuana could lead to a permanent ban of entry in the United States? Increased amounts of Canadian residents are being turned away or a becoming permanently banned from entry due to an admittance of past marijuana use.​ For more, visit our website.

Increasing numbers of border patrol agents are asking about past marijuana use in the border screening process. Individuals believe that admitting to this is not a crime, so openly admit. Though admitting to simply past usage has lead to these 4 situations:

A medical marijuana patient admitted that they had begun smoking prior to the Canadian medical usage program and was permanently banned from entering the United States.

A German-Canadian was detained for a month and was eventually deported back to Germany, due to an admittance of past marijuana use.

A woman heading to Washington State for a concert was banned for life after that she had used marijuana in the past.

A musician was handcuffed and then detained, as well as issued a lifetime ban to the United States for admitting to past marijuana use.

Canada currently supports the medical use of marijuana and has a recreational bill set to take effect in the summer of 2018. In addition, each of these situations occurred with individuals heading into Washington State, where recreational marijuana is legal. Several factors showcase why these individuals would have no fear about these decisions made in their past.

HOW TO AVOID PAST MARIJUANA USE ADMISSION?

Never lie to a border guard.  If the truth comes out for any reason, you could face the same ban that you would have for past usage. The most effective way to forgo admission is to remain calm, answer questions honestly and do not showcase anything that is associated with marijuana in your vehicle or on your person. For example, one of the 4 situations above stemmed from the individual’s wallet displaying a ”weed money” label. When packing for your trip or preparing your vehicle make sure to not include anything that could associate you with marijuana use. Leave behind marijuana literature, apparel and all drug paraphernalia. These are 3 other options to help avoid admitting to past marijuana use:

Clean Up Your Online Presence: 

Aim to remove any items online that associate you with marijuana use, advocacy or culture. Border guards can also request social logins or phone passwords. Wipe these devices of any illegal or marijuana related images.

Don’t Acknowledge Marijuana Tourism: 

Never state that your reason for coming to the United States in to indulge in legal marijuana. Never directly lie to a border guard, though you can simply state that you are going to “shop” or “relax”. These questions do not require specific answers as they are aimed to discern whether you are a tourist or are entering for business.

Don’t Answer: 

You have the right to refuse to answer the question. Refusals to answer will likely lead to declined entry, though is more advantageous than a lifelong ban from the country. You may also be detained and searched, though a permanent ban cannot be issued without proof of past marijuana use.

Withdraw Your Entry Application: 

This may be a wise option if your border questioning begins to take a serious or unwanted turn.  You may still be searched and detained though will not receive a permanent ban.

WHAT IF YOU HAVE A BAN?

​Receiving a ban for admittance of past marijuana use offers the same repercussions as any other entry ban.  From a go forward, you will need to apply for a US entry waiver when you want to travel. If you have no criminal record, though you have due to ad past marijuana use, your application could result in a letter simply outlining no need for a waiver. This is somewhat of a rarity and can only be found after an initial application is filed. For more information, visit us.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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11 HURDLES A CRIMINAL RECORD CREATES

Criminal records are documented lists of an individual’s criminal activity. When an individual has a criminal record it can create issues with traveling, employment and much more. A criminal record suspension removes an individual’s criminal activity from the Canadian Police Information Centre (CPIC). Suspensions can only be applied for after any sentences have been completed and the accused individual has showcased they are now fully committed to being a law-abiding citizen. When an individual has a criminal record, these are 11 specific instances that become more difficult, less likely and even impossible. For more, visit our website.

1. Acquiring A Permanent Residence

Getting approved for a mortgage loan is nearly impossible once you have been convicted of a crime. In regards to finding a home for renting, many landlords will ask for a background check. A failed background check often results in a declined rental application. You will likely be able to find a home for rent, though the process will be much more stressful, difficult and prolonged.

2. Acquiring A Volunteer Role

Volunteering can be ideal for attaining related experience for a future career path for simply helping others. Though, even volunteer positions can be harder to come across once an individual has a criminal record. Government volunteers or any role where you are alone with someone else can require background checks.

3. Starting Your Own Business

Even starting your own business can be made much more difficult if you have been criminally charged.  If a business needs to be bonded, licensed, or highly insured; a criminal record can create major hurdles with each of these requirements. Contractors, maids, accountants, repair service providers and several other occupations need to be bonded to legally operate.

4. Working In Youth-Related Occupations

Criminal records can immediately bar individuals from working in youth-focused environments like daycares and preschools. A criminal record can also lead to a declined license application for opening your own preschool or daycare.

5. Working In Gambling-Related Occupations

Careers that are found in a gambling-rich environment can be difficult to obtain once an individual has a criminal record. Background checks are required for all gambling related roles. Special licensing may even be required, as Casinos work hard to make sure they maintain strict hiring processes to avoid theft or associations with organized crime.

6. Handling Money At Work

If you are responsible for handling money in a proposed job role, employers may look down upon hiring someone with a criminal record. This holds especially true if the charges are in some way related to financial dishonesty. These kinds of charges can hold you back from careers in the financial industries as well as the retail sector.

7. Working As A Medical Professional

Medical facilities are very risk adverse to criminal records. Becoming a nurse, doctor, or any other medical professional can become out of reach due to a criminal record. A background check will be required as well as a Vulnerable Sector Check, which documents a previous criminal record suspension.  Drug offences, assault charges, or other criminal charges attached to your record can lead an application being declined.

8. Becoming A Teacher Of Any Kind

Once an individual has obtained a criminal record they will struggle to work in any sort of teaching role. Employers in the industry will require background checks and can decide not to hire you, after viewing the record.

9. Purchasing A Firearm

Background checks are required to purchase any firearm.  The specific charges on a record can also lead to a permanent firearm ban. If a ban has been issued, a Record Suspension cannot lift this purchasing restriction.

10. Working In Law Enforcement

Police officers must not have a criminal record.  Even minor offenses, from several years prior, can make it nearly impossible to become a law-enforcement officer. Record suspensions can be very effective if your career aspirations include law enforcement.

11. Working In The Government

Record checks are required for government roles. Political bodies do not want to be associated with individuals who have criminal records. If you want to run for any sort of municipal or local government, a background check will often be required as a base qualification. If you aim to work in the government, it is vital that your record remains clean.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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WHEN LAW ENFORCEMENT CAN DELAY ACCESS TO COUNSEL

The right to counsel refers to an accused or a defendant’s right to a selected or government provided lawyer.  This right is often seen as a constituent of the right to a fair trial. Though, law enforcement can choose to delay providing access to counsel if the circumstances around the criminal activity or somewhat extreme or cannot allow for immediate privacy of the accused. This is one situation where law enforcement officers delayed access to counsel and their choices were deemed justified in a court of law. Visit us for more. ​ With a search warrant, police officers entered the home of a man suspected to be aiding and associating with a large drug trafficking organization. A “no-knock” forced entry was deemed necessary to not allow any time for the accused to depose of evidence. The officers entered the home at 9:00 am and subdued the accused. The accused was then read his rights and was told that he is being detained for a CDSA warrant. The accused said he understood what he was told, and opted for a lawyer of his choosing when questioned about access to an attorney. At this time, the officer did not provide the accused an opportunity to contact his desired lawyer. Later in court, the officer testified that the man was not provided with this opportunity to ensure the safety of officers at other residences. It is also considered impractical to provide the accused time and privacy to make a phone call while the search is taking place. Roughly 20 minutes after the officers entered the residence, the accused was transferred to the police station. The accused arrived at the police station t 10:00 am. There the lead investigator arrested him for various drug related charges and was detained until all until 12:28 am. The accused did request access to an attorney immediately after being arrested, though his request was declined until all final searches were executed. The lead investigator later testified that the accused was detained without access to attorney as searches of related residence were still underway. At 12:28 pm the accused was provided private access to phone calls to several friends and his desired attorney. In the court proceedings that followed, the accused applied for an exclusion of drug possession and paraphernalia from the case on the grounds that his Charter Right 10(b) was breached in delaying his access to counsel. The judge dismissed the application as a delay may be warranted under extreme circumstances.  The trial found that the Crown produced specific and articulated evidence regarding the potential for the destruction of evidence as well as for officer safety concerns during search proceedings; as several search warrants were issued that morning. Providing the accused immediate and private access to a telephone could have led to destroyed evidence and officer safety issues. The evidence showcased numerous individuals involved in the case, which solidified the legitimacy of the Crown’s concerns. The nearly three-hour delay regarding access to counsel for the accused was a result of exigent circumstances, which is not a breach of the accused 10(b) rights. The key determinant in the judge’s ruling was that the reasons to delay access to counsel were in no way generalized or superficial. If the officers chose to delay access to counsel without definitive evidence or simply a subjective choice, the accused application would have held more legitimacy. The evidence that was provided truly justified the officer’s choices.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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WHAT IS LEGAL SEPARATION?

Separation is not the same as divorce. In British Columbia, separation is not a legal matter. Divorce is a legal process where two partners detach their assets, fiancés, and lives. There are several common misconceptions regarding the difference and requirements of a legal separation, separation agreements, separation dates and more. ​ The federal Divorce Act and the provincial Family Law Act govern British Columbia in regards to divorce and separation. Neither of these acts requires any formal documentation for a married couple to separate.  The term “legal separation” is misleading, as there are no legal processes involved, simply negotiations between the two parties. These are some useful facts regarding the processes, requirements, and difference in a marriage separation.

PHYSICAL SEPARATION

This refers to one party vacating the previously shared residence. This form of separation can be the easiest to document, as the separation date can be the day the respective party leaves the home. Though, when financial or other reasons disallow the immediate physical separation of two partners, the partners can live “separate and apart” inside of the same residence. When living together, separate bedrooms, an absence of sexual relations, limited communication, separate meal times and other efforts to distance themselves are all ways to show intent for permanent physical separation.

INTENT TO SEPARATE PERMANENTLY

BC provincial Family Law Act dictates that courts can consider communication or an action displayed by one party to the other as intent to separate permanently. Though, it is also common for the two parties to disagree on when the intent was provided and when the separation date truly was. “Intention” is most commonly verbally communicated, so when parties disagree on the date of intention, neither individual involved can provide much concrete evidence. This issue can be avoided by following up a verbal “intent” conversation with a written document. Texts, emails or other tangible forms of communication can act as confirmation evidence for dates of conveyed separation intent. The Divorce Act states that the parties must have lived separate and apart for at least one year in order to get a divorce, which makes a specific separation date important to several cases. The separation date will also impact the segregation of various assets and financial property. Consult a professional divorce lawyer today to ensure that your separation and future divorce proceedings go smoothly.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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A PERMANENT CANADIAN RESIDENT VS. A CANADIAN CITIZEN

When someone immigrates to Canada they can apply to become a permanent resident. When citizenship is later attained, the residency dissolves. As well, residency can be lost for several other reasons. Foreign nationals can become a permanent resident through a specific application process. There are special humanitarian considerations that can be applied for in a residency application. Your permanent residency is a key step in transitioning into your Canadian life. For more, visit our website.

PERMANENT CANADIAN RESIDENTS

After two years of living in Canada, a person can apply for Canadian residency.  When someone neglects their citizenship under the Citizenship Act they are still considered a permanent resident. These are 8 ways a person can lose their resident status in Canada:

When you attain your full Canadian citizenship.

If you have failed to comply with the residency obligations.

If you have a residency removal order placed against you.

If your refugee protection has ceased.

If you choose to leave Canada, which forgoes a protection or refugee claim.

If an officer makes a determination to renounce your permanent residency status.

If you are found to have obtained your residency through misrepresented information or other fraudulent acts.

If you are engaged in an armed conflict with Canada.

FOREIGN NATIONALS

A foreign national is any person who is not a Canadian citizen or permanent resident. Foreign nationals must apply for a visa in order to apply for residency under the Immigration and Refugee Protection Act. An officer must assess the visa application in order to validate that the individual is not inadmissible and that they qualify for the application. A permanent visa is required for any foreign national to enter or permanently remain in Canada. Foreign nationals do not receive the same principle of equality under 15(1) of the Charter that full Canadian citizens are awarded.

CAN A FOREIGN NATIONAL BECOME A PERMANENT RESIDENT?

A foreign national can only apply for a permanent Canadian residency upon invitation from the minister.  Officers cannot accept an application, assess an application or issue a visa to foreign national who has not previously received an invitation. Foreign nationals must make their applications through a provided electronic system unless they are mentally or physically unable to operate the system.

HUMANITARIAN & COMPASSIONATE CONSIDERATIONS

When a foreign national is both seen as inadmissible and does not qualify for permanent residency under the Immigration and Refugee Protection Act, they can still be granted permanent residency. Humanitarian and compassionate considerations justify the residency. These considerations s can only be legitimate of the individual in questions is not a criminal, in violation of human rights, and in not inadmissible on security grounds. Request for these considerations must be made in writing and must accompany the residency application. The minister must consider several factors regarding the hardships that the foreign national faces if they are not allowed to remain in Canada. Applications for these considerations must be made at least five years after any claims for refugee status, or for national protection have been submitted. The minister must immediately refuse an early application. Visit us for more.

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Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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THE IMPORTANCE OF YOUR WILL

A will can be a difficult thing to think about. Though, these documents are vital in helping carry out your final wishes and future plans. Without a will, provincial legislation can lead to several issues for your family. Wills offer closure and an opportunity to help your loved ones.  When an individual passes without a will, their passing can be made much more difficult and longer-felt as various finances and assets are disputed over between the family. It is never to early too have your will set in place and receive these following benefits. Click here to learn more.

CONTROLLED ASSET ALLOCATION

Wills provide individuals with the opportunity to decide where the assets will be allocated. This is important for helping provide loved ones with items that either has the most practical or sentimental value. This can be vital in family businesses, family properties, or in family heirlooms. Don’t forgo a will and leave your assets to be valued by legislation and provided to the sole-legal recipients.

APPROPRIATE FINANCIAL RESPONSIBILITY

An increasingly common issue in British Columbia is where a couple will pass away and their child will receive their full financial inheritance at the age of 19. In some instances this amount was over 2 million dollars. This can lead to financial and personal issues for the children and their extended family. Create a will and name a power of attorney, so that your child’s guardian can allocate the child’s inheritance in a more appropriate and manageable manner.

PROTECT LOVED ONES & PROVIDE CLOSURE

Neglecting a will can leave a number of questions for your family in regards to child care, asset allocation and more, as well as can create unreasonable finical responsibilities for your loved ones. A will can answer questions regarding specific family measures and childcare responsibilities. A will can also outline how and when your children guardians should begin providing them with their inheritance. A will provides closure as well as important instructions with the passing of loved one.

CHARITABLE DONATIONS

A will can define what charities you would like to continually benefit from your estate. Payment amounts, plans, and proposed durations can all be designated. This helps make sure that your social benefits are carried on. In 2014, on 55% of British Columbians have an up-to-date will. Contact a trusted attorney to start creating your will today!

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4 Phone: (778) 769-0151 Website: https://sidhulegal.com/ GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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JOINT TENANCY: A REAL ESTATE PLANNING TOOL

Joint tenancy is a commonly used strategy that helps individuals improve their estate management processes. Joint tendency refers to a property that is owned by more than one person. The right of survivorship as well as several other financial and personal considerations impact joint tendency agreements. Utilizing a joint tendency can be very effective in purchasing and maintain a home, though may not be the ideal choice for some prospective homeowners. These are some of the key considerations to assess when deciding if and how to utilize joint tendency in your estate planning efforts.

RIGHT OF SURVIVORSHIP

The Right of Survivorship means that if one spouse in a joint tendency agreement passes away, the property and all its contained assets are immediately passed to the surviving spouse. Many married couples utilize this strategy to minimize estate probate fees and to simplify the estate administration efforts. In a joint tendency agreement The Right of survivorship also supersedes the requests of a personal will as well as the Estate Administration Act, if there is no will established.

LOSS OF ESTATE CONTROL

Joint tenancy agreements do offer some distinct advantages in regards to home ownership and estate planning, though they do require a sacrifice of control. For example, a joint tendency can be between spouses as well as parents and children. In either case, the agreements cannot be dissolved without a mutual agreement, nor can the home or land be sold with both party’s signatures. Furthermore, if a child marries and then utilizes the property for family purposes, the child’s spouse could be entitled to some of the property and or it’s value, if the marriage later ends.

TAX IMPLICATIONS

Joint tendencies create several tax implications for both parties involved.

Income Tax – If the property is transferred and the joint tendency is between parent and child, 50% interest will be transferred to the child. If the home was the parent’s primary residence, a portion of capital gains can be added provided as an addition to the parents. A parent may have to pay increased income tax, though they received no payment from the child.

Property Tax – If the property is transferred to a single owner, property transfer taxes will payable at the moment of transfer. If the property is a primary residence of either party involved, a tax exemption may be available.

IMPORTANCE OF TANGIBLE AGREEMENTS

Make sure that every party involved understands the tax implications of the joint tendency and that all terms of the ownership are in writing. This is very effective for future ownership or expense disputes. As blended families can be involved, as well as several different personal relationships, the interworking through survivorship, taxation, property transfers and other related considerations could become quite difficult to manage. These issues can also create a strain on families. Make sure that your joint tendency agreements are always in writing to ensure organized, fair and transparent ownership and estate management processes.

Contact Sidhu Lawyer if you have any questions regarding joint tenancy or other questions regarding renting in Surrey or real estate law in BC.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?share

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THE ADVANTAGES OF INCORPORATING YOUR BUSINESS

Many individuals will ask attorneys, financial advisors, as well as personal connections the same question, “Should I incorporate?” The truth is, there is no definitive “yes” or “no” answer. It truly depends on the nature of your business, your business aspirations, your financial status, your risk adversity and several other factors. A proprietorship, partnership, limited partnership and corporation can all be ideal for various business owners. Though, corporations can offer distinct advantages related to liability, taxation, capital and duration.

TYPES OF A BUSINESS:

These are four types of business ownership model that are common in Canadian business practices:

Proprietorship – A business solely owned by a single individual (sole proprietor).

Partnership – Partnerships are businesses owned by more than one individual.

Limited Partnership – One partner has more ownership and liability than another. This is a specialty model, designed to raise capital or for other specific returns.

Corporation – A company owned by shareholders and managed by directors. One person can be the sole shareholder and the business can operate as a proprietorship while receiving the tax and liability advantages of a corporation.

These are some key benefits to incorporating your business.

DEPLETED PERSONAL LIABILITY

An incorporated business makes the business owners less directly responsible for any debt, lawsuits, or employee benefit payouts. Your personal bank account is not directly attached to the business like a partnership or proprietorship. If you are found to treat your corporation like a personally owned business, a judge can strip this limited liability in what is called “lifting the corporate veil”. Directors of corporations can also be held personally responsible for unpaid wages, payroll decoctions, GST and WCB assessments.

TAX BENEFITS

Corporate tax rates are often much lower than personal rates. In many cases, an average tax rate of $500,000 earned by a private corporation is 13.5% vs. nearly 40% when earned by an individual. Corporations also allow more flexibility when designing an ideal tax repayment strategy. Dividends and charitable donations can be provided to lessen the tax burden.

CAPITAL RESOURCING BENEFITS

Unlike a solely owned or partnered business that has to raise capital through personal loans, a corporation can work to raise personal loans as well as by selling new shares. Selling shares sacrifices ownership, though if the sale will result in a large project being completed, the sale can be quite advantageous to the companies overall value. Corporations are also perceived as less risky investments, which can make acquiring investors an easier process than for a proprietor or for partners.

CORPORATION EXISTENCE

If you are the sole owner of your business and you choose to retire, your business will likely dissolve. This can make extending the life a proprietorship or partnership difficult. Several stakeholders own a private corporation that was likely started by one person or a few individuals. When the founder chooses to retire another director will fill the place. Rather than focusing on personally training a successor or letting your brand die when you retire, a corporation lives on naturally through its model. Easier access to capital and lesser taxes can also make a corporation less likely to become bankrupt compared to a partnership or sole proprietor.

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Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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THE UNMARRIED (COMMON-LAW) SPOUSES AND THE FAMILY LAW ACT (BC), 2013

With coming into effect on March 18, 2013 of the new Family Law Act (the FLA) replacing the old Family Relations Act (the FRA) the BC’s common law couples are now treated the same as married couples for the purposes of property division should they decide to part ways. For more, visit our website.

Section 3 (1) of the said Act stipulates that: “A person is a spouse for the purpose of this Act if the person … (b) has lived with another person in a marriage-like relationship, and (i) has done so for a continuous period of at least 2 years, or (ii) … has a child with the other person (parents considered spouses except parts of FLA relating to property division and pension division). Section 3 (2) A spouse includes a former spouse. Section 3 (3) A relationship between spouses begins on the earlier of the following: (a) the date on which they began to live together in a marriage-like relationship, or (b) the date of their marriage.”

Under the FRA spousal support provisions applied to common law couples, but property and pension division provisions did not. Therefore, common law spouses had to rely on constructive trust claims to resolve their property division claims, which were complex and often very expensive. In the past, people who had been living together for decades were not entitled to share in assets accrued during the relationship.

Under the FLA, a spousal relationship begins either on the day a couple gets married, or on the day they moved in together – whichever comes first.

Couples who have been living together for two years share the same legal rights as married couples, including a 50/50 split of the accumulated debts and assets, excluding any pre-relationship property, inheritances and gifts that each may have brought in to the relationship.

In terms of the support for the common-law spouse following the separation the claim for spousal support must be made within two years of the separation. The court will look at whether one spouse needs to be financially supported and whether the other spouse has the ability to pay. If both spouses are employed and earning a similar amount of money, the court will generally not order one spouse to support the other. Now, importantly, under the FLA if spouses do not wish to have the property division rules to apply to them, they can simply choose to opt out and make different arrangements through a written family law agreement. In this way, there is a lot more emphasis on parties governing their own affairs and limiting the ability of judges to interfere with the terms of their written agreement. A judge may, however, interfere with the agreement in a few circumstances such as: where one party has not properly disclosed his/her assets; a party took advantage of the other party in some way; or other circumstances, under the common law, that would cause all or part of a contract to be voidable.

By giving equal emphasis to agreements and court orders, the new Act (the FLA) places an emphasis on out-of-court resolution and encourages people to settle their family law matters without having to go before a judge.

Please note that the above is for informational purposes only and is not intended to provide you with legal advice.

As with any other legal matter it is always advisable to talk to your lawyer.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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TRAVELING WHILE DIVORCED

What do you do when you want to travel with your children outside of BC but your spouse does not allow it? Visit our website for more.

You must obtain what is called a Permission to Travel Order from the Courts. Here are the steps you need to follow:

PROVINCIAL COURT OF BC

Apply through what is called a Notice of Motion to obtain court permission to travel with your children. You must prove to the court the following:

That you have travel plans for specified dates – you can prove this by showing the court that you have purchased air or travel tickets for specified dates, the location of vacation and who will accompany you.

That you will return the children to BC once the travel period is over.

That you are not a “flight risk” or have any intentions or suspicion of fleeing the province; and

Your spouse’s lack of consent or refusal to allow for travel is unnecessary and unreasonable.

SUPREME COURT OF BC

Apply through what is called a Notice of Application to obtain court permission to travel with your children. You must prove the same elements stated above.

Typically the court will grant an order permitting the travel if, generally speaking, you can be trusted, not a flight risk, and your plans and requests are reasonable.

Please note that the above is for informational purposes only and is not intended to provide you with legal advice.

As with any other legal matter, it is always advisable to talk to your lawyer. Contact the team at Sidhu Lawyers for all your matrimonial questions and concerns.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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TYPES OF INCOME WHICH CAN BE INCLUDED FOR CHILD SUPPORT PURPOSES

Types of Income which can be included for Child Support purposes:

Employment income;

Employment bonus: bonuses you get every year and the amount is similar or comparable over the years;

RRSPs can be included if you cash some out every year. But if it’s just a one off withdrawal, they probably won’t be included in income for BC child support purposes;

Rental Income: can be included but remember to deduct all your expenses from your gross rental income; The net rental income will be included;

Dividends: if you get paid in dividends instead of wages, your dividends will be your income and sometimes “grossed up” because you pay less taxes on dividends than you do on wage income;

Corporate income: will be added to your wages if the corporation is yours or you are a shareholder of a corporation; The retained earnings may be included or excluded and some of corporate expenses are legitimate and some get added back to corporate income if they are not legitimate for child support income purposes.

Please note that the above is for informational purposes only and is not intended to provide you with legal advice.

As with any other legal matter it is always advisable to talk to your lawyer. Contact the lawyer at Sidhu Lawyers or Ng Sidhu Law for all your matrimonial questions and concerns.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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CHILD CUSTODY LAW – THE DIFFERENT TYPES OF CHILD CUSTODY ORDERS

Under the federal Divorce Act (Canada), a court may award one of three main types of child custody. Legal custody is separate from the issue of legal access – that is, the amount of time that a parent spends with a child after divorce. A parent who has custody retains the right and responsibility to make important decisions affecting a child. Visit our website for more.

Sole Custody 

A parent with sole custody has the sole right to make major decisions about a child. These decisions may govern the child’s education, healthcare, religion, activities and overall well-being. The parent can make such decisions independently and does not require consent from the non-custodial parent. In most cases, the non-custodial parent has access to the child and is able to request and obtain information regarding the child’s welfare from both the custodial parent and other sources such as schools and healthcare providers.

Joint Custody 

Means that both parents share the responsibility for and must agree on decisions regarding the child. This type of custody is best suited for parents who have similar approaches to parenting and who are generally able to cooperate and find mutual resolutions to disputes that may arise.

Split Custody 

Is the type of custody which involves the splitting of two or more children between the parents. One child lives with one parent while another child lives with the other parent.

A court makes custody decisions based on many factors impacting the well-being of the child.

Please note that the above is for informational purposes only and is not intended to provide you with legal advice.

As with any other legal matter it is always advisable to talk to your lawyer. 

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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TRAVELING WHILE DIVORCED

The rules are the same for married and common-law couples. As with family debt, the law in BC treats the division of family property the same for married couples as for common-law couples so long as the common-law couple has lived in a marriage-like relationship for at least two years.

For anything that a couple acquired while living together, the law says that such property is to be split equally, 50-50. Even if one party acquired it and has formal ownership, the other party is entitled to an equal share of it if it was acquired while the couple cohabited. There are also provisions for an un-equal division of family property to consider, too.

The law allows each party to keep property that he or she had prior to the relationship. However, both parties are entitled to an equal share in any increased value in such “excluded” property. This rule on increased value applies to such family property as a house, land, furniture, vehicles, pensions, bank accounts and businesses.

For example, the owner of a house acquired before the relation is entitled to keep the house after a separation. But if the home has increased in value by 20% over the life of the relationship, both spouses equally split the value of that 20% increase.

Although some exceptions exist to the 50-50 split rule such as gifts and inheritances directed at one spouse the same rule on splitting the increased value accrued over the life of the relationship applies.

Please note that the above is for informational purposes only and is not intended to provide you with legal advice.

As with any other legal matter it is always advisable to talk to your lawyer. Contact us at Sidhu Lawyers to setup a free case evaluation.

For more information, visit us today!

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?

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Understanding the Basics of Criminal Law

Criminal law is the body of laws relating to crime and punishment. It governs all conduct that is deemed harmful to others, property, or moral welfare. In many ways, criminal law aims to keep society safe and secure. It also focuses on morality and other values. But what is criminal behavior? What is the difference between an offense and a felony? What is a felony? How does a crime differ from a misdemeanor?

What is a felony?

A Felony is a crime that is considered more severe than a misdemeanor and is generally penalized by more than one year in jail or death.

First, let's discuss the difference between felony and misdemeanor. There are some important differences between rape and misdemeanor. A victim must have indicated that he or she is not consenting to sexual intercourse before the act takes place. If the person merely says "no" verbally, it is not considered an incriminating statement, which means that no evidence will be presented to support the accuser's claim. In many jurisdictions, a verbal "no" is enough to show the victim doesn't want to be subjected to the rape.

What is the difference between an offense and a felony?

Felonies may carry a life sentence or, in certain instances, the death penalty. Misdemeanors are minor offenses that are punishable by law. Depending on the state, various offenses will be classified differently and penalized differently.

Depending on the severity of the offence, it might be categorized as a misdemeanor or a felony. Misdemeanors are less serious than felonies and come with less severe punishments. Typical punishments include prison time of less than a year, community service, fines, rehabilitation, and/or probation.

In some jurisdictions, a man can commit rape. If the perpetrator has a history of rape, he or she could be jailed for aggravated sexual assault. This charge is also a felony in most states. The penalties for a felony are harsh, but it will not make the offender a convicted felon. Therefore, a conviction for a misdemeanor is almost always a serious matter.

Depending on the nature of the crime, sexual offences can lead to a criminal record. In many states, sexual intercourse is only punished if it is forced, although there are also other types of sexual intercourse. The most common of these crimes, namely rape, are assaults committed by an infidel. Despite the fact that this crime may not seem as serious as other crimes, a conviction can affect one's career prospects and even the ability to purchase a home.

What is the definition of criminal behavior?

Criminal behavior refers to an offender's actions that lead to or include the commission of a crime. The following are some instances of criminal case law: Sexual actions with a kid under the age of ten are plainly illegal.

Most states have stricter laws governing sexual conduct. A sexual offender can be charged with rape, which carries a sentence of 30 years or more in prison. In most cases, sexual assault is a felony, even if it involves one or both sexes. Most states classify it as a sexual offense. However, some states use the term rape to distinguish between gang rape and indecent assault.

The definition of rape varies by jurisdiction. In some jurisdictions, a rape charge will include a statutory felony. A statutory rape charge is more serious than an ordinary rape charge because it involves allegations of forcible compulsion. A sex offender may have to apologise if they have committed a criminal offense. Besides, mental incapacity may also lead to a conviction for a felony.

There are a number of reasons why criminal law exists. Its purpose is to protect society from harmful and immoral conduct. Its main goal is to prevent societal harm. The state's goal is to protect its citizens from such risks. If the criminal tries to get revenge, the state will punish him or her and will then use the power of coercion to ensure the protection of the society. Consequently, a sex offender may commit a crime in the hope of gaining apprehension.

For more information, visit us today

Name: Sidhu Lawyers | Family Law, Real Estate, Criminal Law

Address: 10318 Whalley Blvd, Surrey, BC V3T 4H4

Phone: (778) 769-0151

Website: https://sidhulegal.com/

GMB: https://g.page/sidhu-lawyers-criminal-real-e?