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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 dealing with separation, parenting, property and support matters, as well as real estate transactions and estate planning.With so many people experiencing work and routine interruptions, now may offer an unexpected opportunity to address such things through videoconferencing and careful social distancing protocols, where meeting in person is necessary. Stay home, stay healthy and contact us with your questions.

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 how to divide your assets and deal with support, it is imperative to have that agreement formalized in a legal written agreement, with independent legal advice, and then to look for a new home.  Creating this agreement does take some time to do properly, and often requires some further negotiation of and research into the details needed to make the agreement happen. For more information on how to make this transition smoothly, contact our office today.

We can meet with clients in person or by teleconference or videoconference, depending on the client’s circumstances. As long as the client is not quarantining or especially vulnerable to the virus, we prefer to meet at our office, in person. Proper physical distance is maintained and hands, pens, and surfaces are sanitized before and after the meeting. If teleconference is preferred by the client or required by the circumstances, the Law Society has provided lawyers with the special rules and procedures to follow during the pandemic.

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.

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.

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.

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.

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.