Cohabitation

What can I expect at an initial consultation?

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 […]

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It’s been one year since the new Family Property Act became effective in Alberta – so what?

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 […]

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Should I maintain separate bank accounts or have joint bank accounts with my partner?

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 […]

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My spouse and I have separated and are in agreement on how we will deal with our assets and cash flow. Should I go ahead and put an offer on a new home?

We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]

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Can my legal matters be dealt with now that our Courts have restricted access during COVID-19?

Social distancing requirements have also affected our court system and only those matters which are very urgent are currently being heard. However, many services continue to be available, like filing Consent Orders and desk applications for divorces, grants of probate and represented adult orders.  In addition, our office remains open and available to assist people […]

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How does independent legal advice (“ILA”) work and what does it cost?

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 […]

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What is sole custody and what is shared parenting?

In making a parenting plan, consider two things: how will the authority to make parenting decisions be shared and how will the children spend time with each parent? Sole custody is rare and refers to one parent having sole authority to make major decisions. Joint custody, the more common scenario, means both parents share that […]

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I am about to move in with someone and we want to enter into a Cohabitation Agreement in case things don’t work out. Can we do that before we move in together?

The answer is“yes”, as long as you do it before December 31,2019. Under new legislation, the Family Property Act which takes effect January 1, 2020, you will have to be married to each other or partners as defined under the Adult Interdependent Relationships Act. Under that Act, you either have to have lived with the […]

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What is the difference between polyamory and polygamy?

As perceptions of the traditional family change and our definition of family broadens, new legal considerations arise, as these social changes often happen more quickly than legislative changes. The term polyamory, for example, generally describes a relationship structure where people engage in multiple relationships with multiple people at the same time, with full knowledge and […]

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My partner and I are not married and each of us had assets before we moved in together. How do I protect them?

With a new year dawning, thoughts often turn to organization. One of the things that should be on your to do list is entering into a Cohabitation Agreement. The law in Alberta right now treats married and unmarried couples differently. This document allows you and your partner to set out your understanding about what should […]

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How does independent legal advice (“ILA”) work and what does it cost?

ILA is more than a lawyer witnessing your signature; it’s 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 with you, ask how the agreement was negotiated, and review what financial information was exchanged. Your lawyer will […]

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What can I expect at an initial consultation with a lawyer?

This first meeting with a lawyer is an opportunity to do several things.  It allows you to: assess whether you and the lawyer are compatible to work together; learn about the different options and resources available to you to address your legal matter; obtain general legal advice; and create a plan for moving forward. A […]

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