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Yes, but a gift to your former spouse may or may not be revoked. If you divorced after February 1, 2012, then a gift to a former spouse is void and the rest of the will is good. This means that the terms of the will apply as though your former spouse predeceased you. If you divorced before February 1, 2012, then a gift to a former spouse is still valid. If you would like to leave a gift to your former spouse in your Will, it is important to use wording that acknowledges that you want to do that, notwithstanding what the law says; this contrary intention will ensure the gift is not void. These rules still cause confusion, so if you are divorcing, ensure you review your will and get legal advice about your estate plan.

This is often discussed and is a really a matter of personal preference. However, before making your choice, make sure you are informed with accurate information and think about your objectives in having separate or joint accounts. If partners wish to maintain financial independence from one another, for example, simply keeping accounts in sole names is likely not enough. Alberta law considers those accounts as family property after a certain amount of time and family property is shareable on separation, unless the couple has entered into a Cohabitation or Marriage Agreement where they contract out of those provisions. Something else to consider is what you intend to happen at your death - if your account(s) are in sole names, your partner will not have access to your accounts until legally appointed your personal representative. Each situation is unique and it is important to seek legal advice on your situation before making your decision.

Yes. You must comply with the Parenting Order. You can apply to the Court to vary or change the Order, but the onus will be on you to show that the other parent has real plans or behaviors that are inconsistent with the current public health measures. Do not take advantage of the COVID-19 situation to deny parenting time. Self-help and the breach of a Court Order could find you in contempt of Court with fines or worse.

A child psychologist wisely said that “children are like wet cement.  Everything that falls on them leaves an impression.” This reminds us that while a divorce is an ending of a marriage between two adults, it is not the end of the family relationship, nor is it possible for children to be unaffected. Divorce, like losing a loved one, ranks as a key stressor for adults and may make it difficult to be your best parenting self at times during your divorce. If you are going through a divorce, choose your settlement path carefully and consider the Collaborative Process, which focuses on respectful co-parenting, effective communication skills and on the importance of children feeling secure to love and spend time with both parents.  For more information, check out our Collaborative Divorce page or contact us for an appointment.

On January 1, 2020, Alberta overhauled the law dealing with dividing property on separation for adult interdependent partners, or common-law couples. While some things are still being sorted out, unmarried couples in separation are now subject to a legislated scheme dividing their property that is very similar to that governing married couples. Couples are still free to make their own agreement, provided that they have independent legal advice. However, the key date to remember is whether your separation occurred before or after January 1, 2020; this date can have an impact on your rights and obligations. Before entering into any separation agreement, ensure you have received thorough legal advice.

Consultations with a lawyer serve many purposes. It is an important way to learn more about the options for resolution available to you and lawyers have a statutory responsibility to advise you of those different process options. A consultation is also an opportunity to see if you will be a good fit to work together and whether you feel comfortable with this professional.  You can ask about the lawyer’s experience in using different approaches and about the advantages and disadvantages of choosing a certain approach.  You can also check whether the information you do have is reliable, obtain general legal advice and get referrals to valuable resources. Finally, this is also the time to learn about the cost of choosing different options and how long it may take to bring things to a conclusion. If you need advice about a legal matter, we would be happy to consult with you.

Simply put, it is an agreement with other landowners to do, or not do, certain things to your property. Such restrictions can include house colour, type of fencing, RV storage, commercial use, and the size and location of the house and garage. By the time you get to your lawyer to sign the closing documents, it is too late to withdraw from the purchase. Restrictive Covenants are non negotiable and very difficult to amend or remove from title. Be sure to investigate these before making your offer to purchase property.

There are a lot of reasons why so many people are choosing to resolve matters arising on separation outside of the court system. Some of the big ones include: a) privacy - many personal and financial details can otherwise become part of the filed documents; b) creativity - working together offers many more options regarding how to calculate and when to review support arrangements; c) flexibility - people may share or transfer assets how and when they choose, including maintaining joint ownership for a time to maximize value; d) mechanisms - to deal with future changes or disagreements; e) resources - parents can choose to work with a child specialist or with a financial professional to learn how to best use and protect their assets and income; and f) expert advice - differences in professional opinion can be explored cooperatively and often at lower cost than formal assessments. Take the time to explore your options and choose the best process for your family.

Have you been named a personal representative (formerly called an executor) of someone’s estate? There are a number of things to be aware of and one of the first things to do when starting to administer the estate is to advertise for creditors. This draws a line in the sand for the deceased person’s creditors to make their claims and helps to protect the personal representative from personal liability if claims against the estate are made later on after the estate has been distributed. For more information on how to be a personal representative and how to do the job well, please contact us.

The answer may well be why not? However, if you have young children, do not have clear or consistent annual incomes, need assistance to determine spousal support, or were married outside of Canada, consider consulting with a lawyer before beginning the process to find out the best way to proceed. If there is a chance that your former spouse may not agree to what you propose, then consider working with them in a private, non-adversarial, facilitated process like the Collaborative Process to ensure that you are on the same page when it comes time to formalize your divorce.