Rule of 65

The ‘Rule of 65’ & Spousal Support

Spousal support in Alberta can be a highly complex issue, as there are multiple steps and considerations to determining appropriate support, one of which is the ‘Rule of 65’. The Spousal Support Advisory Guidelines offer direction for courts in Alberta when deciding whether a party is entitled to spousal support …

Family Law Triage: Emergency Room or Operating Room?

In the medical community, “triage” is the assignment of degrees of urgency to injuries to decide the order of treatment. Lawyers and Judges conduct their own version of Family Law triage to prioritize and resolve separating couple’s issues. Within the scope of the usual Family Law issues of Parenting Time/Decision-making, …

Domestic Contacts

Safeguarding Enforceability of Domestic Contracts

APOCALYPSE NOW REDUX: SAFEGUARDING ENFORCEABILITY OF DOMESTIC CONTRACTS AND EXERCISING PROFESSIONAL RISK MANAGEMENT Whether generated by the genuine good faith efforts of the parties or a subtle exploitation of leverage and ultimate capitulation, if nothing else, the Domestic Contract is the physical representation of the joint intention of the parties. …

Unjust Enrichment

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 …

Question

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? …

FAQs: Wills and Estates

FAQs: 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 …

Reasons for divorcing after 50

On behalf of Kirk Montoute Dawson LLP posted in Family Law on Friday, September 20, 2013. One group of individuals in Alberta with a high divorce rate is baby boomers who are approaching their retirement years. Whether a spouse decides they want a younger partner or whether the couple ends …