When going through a divorce, small family businesses present a significant risk and challenge. Many married couples also happen to be joint-owners of small businesses. Running a business with a spouse can prove particularly beneficial since both owners tend to trust one another more than they would other business partners. …
Rise of grey divorce poses unique financial questions for couples
Without proper planning, retirement funds could be compromised by late divorce Divorce is becoming increasingly prevalent among Canadian seniors and with the rise of such ‘grey divorces’ come unique financial considerations. While younger divorcing couples may have concerns about issues such as child support, older couples are more likely to …
Defending an Unjust Enrichment Claim in Alberta
As innovative as the decision might seem, Kerr v. Baranow represents nothing more than a renovation and modernization of the law of unjust enrichment.1 The cause of action is relatively well-established, as is its analysis. The Supreme Court of Canada has merely tweaked or reinforced each step of the original …
Financial Disclosure Obligations During Separation
If you have separated from your spouse you are entitled to financial disclosure documents in order to determine what support may be payable (either child support, spousal support or partner support) as well as what an appropriate division of matrimonial assets and debt would be. The Alberta Rules of Court …
Joint Tenancy and Division of Property – It’s Complicated
When a couple decides to buy a home together, one consideration they will be faced with is how they should be reflected on title. The same dilemma can apply when one spouse owns an existing property and is considering whether to put the other spouse in title when he or …
Challenging the Validity of Cohabitation and Pre-Nuptial Agreements In Alberta
Issues that may impact the validity of a Cohabitation or Pre-Nuptial Agreement are typically viewed far too abstractly by parties and lawyers alike. The demise of the relationship or marriage is viewed as merely a remote possibility. Any disputes about the agreement actually culminating in litigation are seen as even …
MOBILITY APPLICATIONS IN ALBERTA: Making the Case to Move With Your Child
More than ever, employment and economic forces are conspiring to force some Albertans to consider relocation. In those situations that involve relocation with children of a divorce or separation, this may culminate in a Court application. When one parent seeks a significant relocation with a child, and in so doing …
Same-sex divorce bill for non-residents of Canada to pass
Alberta residents may remember that in June 2013, the House of Commons agreed to pass a bill before the summer recess that would enable same-sex married couples who were wed in Canada but currently live out of the country to receive divorces from Canadian courts. If it receives royal assent …
Duties of A Personal Representative
At some point in our lives most of us will be asked to act as a Personal Representative of the Estate of a loved one. This is generally considered an honour and, to some extent, an homage to the friend or family member in question. But what does a Personal …
Quick Answers to Questions About Wills and Estates
How can I ensure my Will is valid? There are three kinds of Wills, each with separate requirements to ensure validity: What is the effect of a Will that is not valid or only partially valid? What happens if I get married, separated, or divorced after I execute a Will? …