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 …
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 …
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, …
Spousal support in Alberta can be a very complicated 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 provide guidance for how Courts in Alberta will determine whether a party is entitled to spousal …
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 …
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 …
A Cohabitation Agreement (also known as a Prenuptial Agreement) is a contract executed by unmarried couples, setting out each party’s respective rights and obligations in the event of a relationship (or marriage) breakdown. Most often, Cohabitation / Prenuptial Agreements will address the issues of property and spousal support. Parties are …
As Courts continue to be over overburdened with very high demand and limited available court time, the Court has introduced forms of Alternative Dispute Resolution to provide parties with avenues to reach resolution outside of the standard court procedures, thereby freeing up court resources for those matters that cannot be …
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, …
Parenting coordination is a process which assists divorced or separated parents to co-parent on an ongoing basis, regardless of whether they have primary or shared parenting. Parenting coordination typically commences after parents have received a Parenting Order or have completed a Separation Agreement. Parents must mutually agree to the parenting …
