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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.

If you have children entitled to support, both you and your spouse will have to disclose your incomes to determine the child support obligations. Your current income and your  sources of income must be supplied to the Court. This information will be held in the  confidence by your lawyer and your spouse’s lawyer. You cannot get a divorce without  providing this information.

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.

Divorce is one of the most difficult transitions to make and it touches every aspect of your life. I have practiced family law since 2001 and became certified as a Registered Collaborative Family Lawyer in 2002 - and I have yet to see the same divorce twice. Each person’s journey is their own; my experience shows me that the prescribed procedures of a court process for divorce seldom fit a family well and even more seldom is it viewed a positive experience by my client. Since giving up most litigation to pursue a fully Collaborative Practice in 2008, I have been able to better help my clients explore the various options available to them and I am better able to make available the resources and supports that will uniquely assist each of them and their family. For guidance on moving through divorce, please contact us - we look forward to sharing our experience with you.

It’s important to think about the range of options available to you right off the bat. Most people are now aware that court does not have to be where to start. Mediation is an excellent option for those wanting facilitated communication while they negotiate. For those who want guidance around options for settlement and legal information and advice as they negotiate, the Collaborative Process is a great option. Grounded in transparency, cooperation, and respect, this option provides a private, non-adversarial, comprehensive, efficient process opportunity. Your lawyer will be there to advocate for you, to draft the Separation Agreement and to provide the independent legal advice necessary for a legally binding settlement.

Did you know that there are 6 Registered Collaborative Family Lawyers right here in St. Albert who are knowledgeable and specially trained to assist families moving through divorce? One of these lawyers’ superpowers is that they are skilled at working on settlement with clients and the other lawyer, rather than against them. Divorce is difficult enough without complicating the legal steps and should remain family focused rather than conflict focused. To find out how you can have the best opportunity to move through your divorce peacefully and to be in charge of the outcome, contact us or one of these lawyers at GMR Law, LeBlanc Family Law, Lift Legal, MR Law or Symmetry Family Law for more information about the Collaborative Process.

If he has an Enduring Power of Attorney (“EPA”) appointing you as his Attorney, there shouldn’t be a problem as long as the EPA states that you can sell land. It doesn’t have to refer to the address or legal description of his house specifically.  Be sure the EPA is correct, because some generic on-line forms are not correct. If the EPA does not include the ability to sell land, a Court application will be required with no guarantee of success or a timely turnaround. For more information, please call us.

A Real Property Report, drawn by a qualified surveyor, shows the location of all buildings and improvements on your property. You need this to get a letter or stamp of compliance from the City. And you will need to provide both of these things to the buyer if you are planning on selling your property, unless the standard Residential Contract is amended. Don’t delay, because if left to the last minute, there may be rush fees, delays and holdbacks. Your lawyer can order the RPR for you.

Alberta legislation requires an executor, also called a personal representative, to manage online accounts and to identify and manage digital assets. When creating an estate plan, care should be given to creating a list of all online accounts (like eBay or PayPal) and virtual property (communications like Gmail or MSN; media like iTunes, Netflix, or Instagram; social media like Facebook, LinkedIn, or Twitter; gaming; or ebills). In addition, think about providing your future personal representative with access to account numbers and passwords, to providing authorization to manage your online presence and assets and to providing guidance in terms of what you would like to happen to these accounts and property upon your death. For more information on estate planning, please contact us.