The Civil Marriage Act of 2005 changed Canadian law to allow same-sex partners equal access to marriage for civil purposes on the basis that every individual has the right to equality without discrimination. Since 2005, thousands of same-sex couples have accessed the rights afforded them under the Civil Marriage Act …
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 …
Retroactive Child Support: Payor Beware!
In 1996, the Federal Government introduced the Federal Child Support Guidelines (the “Guidelines”). The purpose of the Guidelines was to promote consistency and fairness in child support payments. The Guidelines provide for two classes of payment. First is “Section 3” child support, which is based on the payor’s income as …
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 …
Alberta’s two top trial court judges look to unify family courts
Court heads deny comments made by premier that there is a “war” between the courts The heads of Alberta’s provincial court and the Court of King’s Bench have denied comments recently made by Premier Dave Hancock that a “war” between the courts is an obstacle to creating a unified family …
Duties Of An Executor
At some point in our lives most of us will be asked to act as an Executor or co-Executor 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 an Executor actually …
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: Holographic Wills are written entirely in the hand of the Testator and signed at the bottom of the Will. Though Holographic Wills were quite common in the past, they …
Quick Answers To Questions About Mediation
What Is Mediation? Mediation is a method of resolving disputes with the help of an impartial third party mediator. The mediator works with the parties to find optimal solutions in a manner that is cooperative and non-adversarial and takes into account each person’s interests. Most mediators will guide the parties …