I am recently separated. My spouse and I don’t want a nasty divorce. What can I do?

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 […]

What really are the differences between choosing to resolve separation questions outside of the court system using the Collaborative Process?

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 […]

What can I expect at an initial consultation?

Wendy Phillips-Berard
May 8, 2021
Cohabitation, Collaborative Divorce, Family Law
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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 […]

January is International Child-Centred Divorce Month

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 […]

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 […]

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?

Wendy Phillips-Berard
Jul 3, 2020
Cohabitation, Collaborative Divorce, Family Law, Real Estate
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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 […]

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 […]

Do spousal support obligations continue after the recipient dies?

If the Divorce Judgment or separation agreement provides for the termination of spousal support after the death of the recipient, then the spousal support may end. But where the spousal support agreement provides that payments are to a specified date, are unreviewable and enure to the benefit of one’s estate, then the payor may be […]

How is property divided in a divorce?

There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce. However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]

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 […]

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?

My spouse and I have made a Separation Agreement. Do we need to file the written agreement with the Court for it to be binding?

No. An agreement is binding provided that it was entered into voluntarily, with a full exchange of financial information and with independent legal advice. Having said that, agreements often contain clauses dealing with matters that must be put before the Court in order to finalize a divorce, such as matters dealing with the support and […]