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ANNOUNCEMENT
 Effective August 16, 2002, Lorne MacLean has joined a list of senior family law
lawyers who have agreed to participate in the Court of Appeal pro bono
project. Mr. MacLean will be providing advice to qualified appellants
in the British Columbia Court of Appeal on a pro bono basis. It is important
to both the public and the profession that senior counsel give back to
the community.
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MARRIAGE AGREEMENTS - PURPOSE OF A MARRIAGE AGREEMENT
 People entering into a new or second marriage should consider very carefully the need for a prenuptial or marriage agreement. The purpose of a prenuptial or marriage agreement is to establish a clear and agreed upon frame work for resolution of issues between the parties that will arise from the marriage breakdown. Click
here for the full article.
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CASE ALERT - BARKER V. BARKER (2002 BCA 345)
This appeal was from a judgment in a family law proceeding making an
unequal division of the matrimonial home and postponing its sale in favour
of the wife such that the wife received 70-30 reapportionment in her favour.
The husband appealed from this reapportionment and in a 2-1 decision with
Southin, J. speaking for the majority determined that the trial judge
had erred into taking into account matters that had occurred after the
triggering event in determining whether an equal division of the matrimonial
home would be unfair. The Court held that the Family Relations Act contemplated
an equal division of family assets unless good reason as of the triggering
event requires some other division. Click
here for further details and a link to the text of the decision.
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CASE ALERT - HILTON V. HILTON (2002 BCA 338)
In this case a husband appealed from the decision of the trial judge which had denied him spousal support and which had reapportioned the matrimonial home 75% in favour of his wife and all of Mrs. Hilton's RRSPs in her favour. The total value of the wife's RRSPs that she kept was $150,000 and the total value of the matrimonial home based on its sale was $465,000. Click here for further details and a link to the text of the decision.
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CHILDRENS' BILL OF RIGHTS
Please click
here for the text of the Childrens' Bill of Rights adopted by the American Academy of Matrimonial Lawyers.
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ASK THE EXPERT: PREPARATION FOR PROOF OF PARENTAL
ALIENATION (By: Deborah Day and Joy Feinberg)
Parental alienation is a hot topic at the present time in custody cases
with some experts arguing it is a real syndrome and other experts saying
it doesn't exist-either way please click
here for an article summmarizing what to look for in troubled
custody disputes.
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SEE OUR NEW HEADQUARTERS AT SHAW TOWER
Please click here to learn more about our future headquarters.
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July 2002 issue
August 2002 issue
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