After you get divorced you will have a divorce decree. This final divorce decree is essentially a set of court orders covering all of the major issues of a Surrey, BC divorce. Once the decree is signed, you will be obligated to take the steps that need to be taken in order to execute these orders.
If you are separating for the purposes of getting a divorce one year from now or are a common law couple who is moving to terminate your relationship then these orders aren’t automatic: you’ll need to file a formal separation agreement first. While a separation agreement won’t create court orders it will nevertheless allow you to create a contract that you can have enforced.
Prenuptial agreements are very similar. They do not create court orders, but they do create an enforceable contract. For the most part handling this process is a matter of crafting a settlement agreement that matches the prenuptial agreement and noting that the terms of the agreement now match the terms of the divorce settlement.
Many couples never have to return to court. Yet sometimes circumstances change, and it becomes necessary to seek a modification of the existing court order. In addition, there may be just cause to ignore or modify prenuptial agreements during the divorce process.
If you need to go back to court, or team can help. As in a divorce, we’ll start by trying to negotiate with your ex, as if you can come to an agreement this will ensure the court’s involvement serves as little more than a formality. If that won’t work, we’ll work hard to build a case that will help a divorce court judge see matters as you see them.
Challenging Prenuptial Agreements
People sign prenuptial agreements to help speed up the divorce process and protect the assets that matter to them. 90% of the time they can be implemented without issue. This is why we tell almost anyone who asks us that a prenuptial agreement is an excellent idea. We even educate our clients about the existence of post-nuptial agreements, which are essentially the same sort of agreement signed after you are already married and which serve exaclty the same purpose.
However, there are cases where it would be absolutely valid to challenge a prenuptial agreement.
- Your family’s asset profile has changed to the point where the terms of the agreement are no longer useful or no longer apply to your situation.
- You signed the agreement under duress, including social coerceion. For example, if your spouse made you sign the agreement a week before the wedding then you may have grounds to overturn the agreement.
- You have reason to believe your spouse did not disclose all assets and liabilities on the day that the agreement was signed, or misrepresented assets and liabilities in some material fashion.
With a judge’s agreement, you can modify the contract or have it removed as an item of concern as you work to negotiate your divorce settlement.
Child Support Modifications
Most of our clients are more than willing to pay fair child support, but a lot can happen in the course of five, ten, or even nineteen years. Most of our clients see changes in their financial circumstances at some point in their lives.
When that happens, it will become important for you to seek a modification of your court orders so that you may continue to meet your monthly obligations without issue. It will also be important for you to work with a lawyer, particularly if you are seeking to lower your child support payments. There’s always a chance a judge will decide you’ve become underemployed on purpose, and will impute a much higher income than you currently make.
We also know that many parents never report income increases. If you are the payee you will tend to need to seek modifications that account for your spouse’s new income.
Spousal Support Modifications
There are several reasons to seek a modification of your court orders as they pertain to spousal support.
- Your income has significantly decreased.
- Your spouse’s income has significantly increased.
- Your spouse has remarried and is now receiving support from their significant other.
- Your spousal support is about to terminate, and you want to seek an extension.
In some cases, if there is a legitimate reason or need to do so, we may even be able to get your spousal support obligation terminated early.
Parenting Order Modifications
If you want more time with your children, want to alter who your child lives with the majority of the time, or want to take a parent to task for failing to live up to the existing parenting order, then you will need to seek a modification in family court.
If your co-parent agrees with the proposed changes then modifying these orders is a fairly simple process. If they do not agree, we are prepared to go to family court with you to explain why the proposed modification is absolutely in the child’s best interests.
Legitimate reasons for the changes might include:
- Either spouse has a job offer that will move them a significant distance from their current location.
- The child’s interests or needs have changed, and the other parent is better equipped to meet those needs. For example if your child needs to go to soccer four nights a week and the primary residential parent works a second shift job it might be easier for the other parent to become the primary residential parent for a time.
- The child has developed a closer relationship to the other parent, or is responding better to that parent’s attempts to guide and discipline them.
It is important to develop an understanding of how British Columbia handles parenting orders before attempting to seek a modification in court. See Child Support & Child Access for more details.
Get Help Today
Need help modifying your court orders? Reach out to our legal team today! We’ve helped thousands of Surrey, BC residents get through the process of returning to family court with highly successful results.
Call 1-604-394-7777 to schedule your first appointment today.