When a couple is getting divorced, you will often hear they are seeking a “fair” divorce settlement. The concept of a fair divorce settlement is not universal however, fairness is subjective. What may feel is fair to you may not be the same as what your former spouses feels is …
CO-PARENTS…What are you really prepared to do for your children
What would you do to ensure the safety and well-being of your children? If they were facing a significant health crisis, would you drive to the hospital every day? Would you drive to Edmonton every weekend for treatment? Would you sacrifice your career? Would you risk you own life for …
The Prenuptial Agreement: Alleviating the Hopelessness of the Hopeless Romantic
“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 …
Adult Interdependent Partner Support – What support are unmarried parents entitled to?
Separated parents in Alberta may be entitled to receive support from the other, despite not having been married. Adult Interdependent Partner support, or support for a common law partner, can be a highly contentious issue as the payor typically feels that since they did not get married, they should not …
Predatory Marriage
The problem of a predatory marriage in which a person with reduced mental capacity marries someone who is motivated to take advantage of property transfers, family property legislation or changes to estate plans, is an increasing feature of the greying demographic. And while the term “predatory marriage” has a certain …
Exemptions from Division of Family Property
In Alberta, the Matrimonial Property Act has been amended and renamed the Family Property Act. The primary purpose of the amendments is to include property acquired by spouses in a non-married relationship as subject to the (rebuttable) presumption of equal division upon termination of the relationship. The Family Property Act …
THE 3 MOST EFFECTIVE WAYS TO RESOLVE FAMILY LAW DISPUTES…while avoiding the stress and expense of a lengthy court process.
Navigating a separation from a spouse or a partner is often stressful, painful and confusing. There is often no end to the worries, including financial stress, concerns for children, and the desire to end the conflict without a war. An important conclusion reached by many family law professionals, including lawyers, …
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 …
Divorce Disaster Recovery: Getting Relief to the Victims
The Fault Line. The Earthquake. The Fall Out Using a natural disaster analogy to describe divorce may seem needlessly theatrical. The most fortunate couples who end their relationship will do so amicably, collaboratively and with minimal trauma. However, many spouses indeed experience the ending of a relationship as an unmitigated …
Gender Inequity in Family Law: The Men, The Myth, the Urban Legend
Family Lawyers regularly encounter male clients who feel preemptively aggrieved by the judicial system. Some men’s advocacy groups would have you believe that court decisions in Family Law are unjustly and favourably skewed toward women. That perception is not reality. Parenting Issues When couples with children separate, the two key …