With the new year just around the corner,
many people will
soon be resolved to make crucial life changes. For some, this may include a new beginning without their
spouse. Westside Family Law takes pride in making this transition as straightforward and stress-free as
possible.
Many years of law experience have been combined into the increasingly successful Westside Family Law firm
following the decision of Anna and Mark Perry to create their distinctive family law firm on Vancouver’s west
side, in urban South Granville and Kerrisdale.
Anna Perry
says, “The firm’s success is due to our modernized approach, a mix of classic lawyering with a modern edge:
Accessible and result-oriented, we provide an alternative to the classic approach of elbows-up posturing and
costly litigation. Most important to us is that our clients’ lives and their family relationships are
preserved and not sidelined by protracted litigation. Our focus is on proportionality: We apply balance to
the weight of legal issues and the cost of pursuing those issues. Well-managed family law matters provide our
clients with reassurance
and stability.
The outcome of many family files is readily predictable by an experienced lawyer and
these files usually conclude within four to eight months. If left unmanaged, family law conflicts can balloon
out of proportion to the initial issues and become higher-conflict family law files that then require the
specialized knowledge and experience of senior lawyers such as Anna and Mark Perry to de-escalate conflict
and manage the outcome. Westside provides the full range of legal services including litigation, mediation
and collaborative family law services to its clients, many of whom are coming out of long-term relationships
and have high-net-value assets amidst complex corporate and trust holdings.
Anna describes
the approach taken by Westside Family Law for each client: “We work closely together with our client
to fully understand and assess the client’s situation from an in-depth analysis of the client’s facts
and the law applicable to those facts, and then factor into that analysis the client’s specific goals and
needs. These needs and goals may have a broad range: Some require immediate urgent steps be taken to protect
assets or family members. Most of our clients do not require such urgent measures and their file progresses
quietly and reasonably, often without need of a lawyer rushing into court at all.” The lawyers at Westside
advise and assist their clients to select the approach most suited to each client and most likely to
successfully meet the client’s needs and goals.
When a marriage or common-law relationship ends, it is important for each partner to remain composed,
regardless of whether or not the separation was amicable and the decision mutual. Otherwise, it can
complicate the dispute and make it more difficult for each spouse to cope.
“Once a decision is made to end a relationship, each of the parties will often, in different ways, grieve the
ending of the relationship. However, the parties are usually at different stages of the process of anger at
the loss of the relationship, sadness and acceptance, and moving along the continuum at different speeds,”
says Mark Perry. “Clients need to understand and consider this fact as they attempt to negotiate or litigate
a resolution of their legal issues, recognizing that it is difficult to resolve an issue expediently and
fairly with an ex-spouse who remains angry.”
Dividing the value of the family home, savings and investments, pensions and other property is a critical
issue in family law disputes. The Family Relations Act is the statute that governs division of family assets
in B.C., placing fair and equal division of these assets at the forefront as a starting
point. Family
assets are identified based on their use for a family purpose, and the analysis begins with each spouse being
entitled to half of these assets. This entitlement is subject to the argument of the other spouse that such a
division would be unfair. The court may consider several factors such as the length of the marriage, the
respective contributions of the spouses, or the date the asset was acquired in order to decide whether they
will order an unequal division of property in favour of one spouse or the other.
Under the
Family Relations Act business assets are excluded, but Mark points out that British Columbia courts have
broadly interpreted the phrase “family assets” to include most business assets by finding that the business
was used for a family purpose.
“The first step is determining what the assets are and, more specifically, what the family assets are. This
step is usually accomplished through each party disclosing what the assets are under oath,” he explains. “As
family lawyers, we can review a virtually unlimited amount of banking, investment or corporate information to
trace and find assets of a party who might be attempting to hide assets.”
While an equal division of family assets is the
starting point for married couples in B.C., the same does not yet apply to common-law couples. At present,
they are required to provide evidence of their contribution to the family assets in order to obtain any legal
rights to the asset. This would include a family residence that is legally owned by only one spouse. Mark
says that a new Family Law Act recently introduced in the legislature will, when it becomes the law,
eliminate the distinction between married and common-law couples as it relates to the division of family
assets. Prenuptial agreements, or cohabitation agreements for common-law couples,
enable the parties to define for themselves what rights each will have to assets on the dissolution of the relationship. This simple step can help
parties to avoid significant stress while reducing or eliminating the cost and uncertainty of litigation upon
separation. “The court will most often uphold properly drafted agreements,” says Mark. “Experienced legal
counsel will ensure that agreements are drafted appropriately, and that legal matters are dealt with
effectively to achieve an optimal end result for both parties.”
Mediation of
family disputes is another way to avoid costly litigation, as it has the potential to facilitate agreement
between the parties and narrow the scope of issues to be determined by the court. Mark is a certified family
law mediator who has mediated many legal disputes at Westside. He notes, “Mediation can be the most effective
way, in terms of cost and expediency, for couples to reach an agreement that reflects their particular needs
and expectations.”
Emblematic of
the personal approach that is the hallmark of the firm, Mark adds, “Clients need to consider that,
notwithstanding how terrible the divorce proceeding can be, his or her life will normalize and be better in
the future.”
Westside welcomes new clients and the opportunity
to advise and assist them on the way to their new beginning.
» Mark
Perry, LL.B, has 25 years of experience as a litigator and collaborative family lawyer, and has also been a
family law mediator since 2005. Anna Perry, LL.B, senior family law counsel, has 23 years of experience as a
family lawyer. For more information on Westside Family Law, visit perrylawbc.com
Sound
Advice
Anna Perry, one of the founding partners of Westside Family Law, offers five crucial tips for couples going
through a divorce or separation:
Be direct
“What and how to inform your spouse is an
often-asked question. The answer depends on your circumstances and, as might be expected, the direct approach
is usually most effective. It should not come as a surprise to either spouse that one has been contemplating
divorce for some time and has reached a decision.”
Be prepared
“Timing and planning are critically important... Do
not be hesitant to obtain copies of all financial documents while these are accessible. If contemplating
separation or divorce, the next step is to acquire and secure a complete documentation of assets and
debts.”
Be honest
“It is common
for one spouse to decide to end the relationship and then to circle the wagons by withdrawing their spouse’s
access to funds and documentation from common accounts including banks, credit cards and investments... There
is a difference between prudent caution and blatant financial abuse and the latter approach will be costly in
the short- and long-term.”
Be extra cautious if children are involved
“Children
should not be exposed to harmful scenes of conflict between their parents. The best approach is to jointly
tell the children in a manner most appropriate to the children’s age. Seek the advice of a child or divorce
counsellor in advance of giving the children any indication.”
Be realistic
“Most
important to us is that our clients’ lives and their family relationships are preserved and not sidelined by
protracted litigation. Our focus is on proportionality: We apply balance to the weight of legal issues and
the cost of pursuing those issues. Well-managed family law matters provide our clients with reassurance and
stability.” •
