Resource Hub

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.

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.

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.

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.

Adding children’s names to property titles may add complication instead of smoothing the way on your death. Adding children can sometimes trigger unanticipated tax consequences; for example, as presumably this property would not be your children’s principal residence, unintended capital gains could be assessed. Adding more owners now could also create obstacles to your own ability to sell the property (in the rare situation where children oppose such a sale). In addition, if you have significant financial assets aside from property, your estate will require an application for probate or administration in any event. There are all things to think about before changing ownership. Discuss this question with your accountant, too, as they would be more knowledgeable with respect to those tax implications. If you have questions about your estate plan, please contact us.

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.

ILA is more than a lawyer witnessing your signature; it is necessary to meet the legal requirements for a valid agreement when couples are separating, divorcing, or starting out. Your lawyer will review your agreement and your situation, ask about the negotiation, and review the financial information exchanged. Your lawyer will talk to you about your rights and obligations - and those of your partner - as well as confirm your understanding of the agreement’s terms. Finally, your lawyer will explore other settlement options with you and advise of the risks (or benefits) of accepting or renegotiating the agreement or taking your situation before a court. ILA takes time and often requires more than one meeting. The cost will depend on whether there is missing information or changes needed. Upon doing these things and your lawyer being satisfied that you are acting voluntarily, he or she may decide to sign the ILA certificate.