“Never marry someone you wouldn’t want to be divorced from.” – Nora Ephron Charting your matrimonial journey should be as rational as it is aspirational. A thoughtful approach will reduce your personal and financial anxiety, and ironically, removing those stressors may also improve your marriage’s chance of success. The exercise …
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, …
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. …
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 …
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 …
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? …
Collaborative Law
Collaborative Law in Calgary Progressive Options For Dispute Resolution Collaborative law is a new and innovative process to resolve family law disputes. All parties to a collaborative divorce process, including collaborative divorce lawyers, must formally agree to keep the dispute out of court. If resolution is not achieved and parties …
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 …
Supreme Court of Canada rules on Child Support Guidelines case
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, July 26, 2015. When a relationship that produces children comes to an end, in addition to dividing assets, child custody and support must be worked out as well. This is true whether the couple …