Division of Assets When a Relationship Comes to an End
The division of family property is an emotionally charged and complex issue for couples looking at divorce. In today's world, these questions can be even more complicated due to the emergence of new types of assets, such as cryptocurrency.
While at Adept Family Lawyers, we always prepare our clients and familiarize them with Courtroom decorum, here are some useful tips for self-represented litigants to remember when they are inside the Courtroom especially if this is their first time in Court:
Undoubtedly, one of the most difficult tasks for a lawyer is to obtain financial information from the opposing party, especially from self-represented litigants. It has been observed that individuals are reluctant to provide their financial information or try to hide them.
A Court of Queen’s Bench of Alberta decision issued April 13, 2018 gives common-law pension partners the same rights to split pension benefits as apply to legally married pension partners on marriage breakdown. It should be noted that the common-law pension partner must meet the criteria for being a pension partner as defined in section 1(3)(b) of the Employment Pension Plans Act (EPPA).
An impaired driving charge can fall under a number of Criminal Code offences, depending on the circumstances. The way that these charges can be dealt with will also differ according to which offence you are charged with. Additionally, the offences and penalties also differ depending on which province you are from.
All assaults are general intent offences. General intent means only that the accused meant to do an act prohibited by law, NOT that the accused necessarily intended the act’s result. Accidentally hitting someone is not an assault (unless the accused was trying to hit someone else). If the victim consented to the assault, it is also not an assault.
I’m taking a detour away from my normal areas of family and landlord/tenant law with this post. I am a hobby photographer and have been fascinated by the aerial photography now possible with the advancement of recreational drone technology. Drones, equipped with cameras, are now available at a price affordable by a significant percentage of the Canadian population.
In August 2016, the Access to Cannabis for Medical Purposes Regulations (ACMPR) came into effect. Canadians with medical need and the authorization of their health care practitioner may now register with Health Canada through the new regulations to produce a limited amount of cannabis in their own homes. The number of plants permitted depends on whether plants are being grown indoors or outdoors, and on the individual’s medical needs.
As cheesy as the title of this post is, it is a good way to describe the importance of a Will. When a loved one passes away, their Will explains the way that they wished their property and estate to be distributed. In Ontario, November is “Make a Will Month”. While we don’t have the same event in Alberta, the importance of having a Will is not something that should be overlooked. A significant number of Canadians do not have a Will.
As the winter holidays approach, you may be planning to take the kids and escape the snow to warmer weather. If you are planning to travel with kids under 18, you should consider obtaining a notarized travel letter to avoid any unnecessary trouble at the border.
One of the biggest casualties in divorce or separation is trust between the parties. The trust may have been eroded years before through dealing with a bad relationship, or an incident during the separation process may have triggered a complete loss of trust overnight.
There are a variety of rental situations a person might find themselves in. Unfortunately, there is a common misunderstanding that the Residential Tenancy Act (Act) applies in all situations. This is incorrect. The Act specifies a number of rental situations that the Act does not apply to.
The winter holidays, be them Christmas, Hanukkah, Kwanzaa, or school break, are generally a time filled with traditions, family get-togethers, good food, and gifts. As crazy and hectic as they can be, there is the potential for even more conflict and unexpected drama when they occur in the middle of a separation and the parents haven’t thought ahead about how parenting time is going to be shared.
One of the most confusing things about family law is the terminology. The legal meanings of words like custody and guardianship are misunderstood. This is due to two factors. First, the words have very specific meanings that are easily confused. Secondly, there are multiple pieces of legislation that govern family issues in Alberta, each with their own set of definitions.
Family units no longer always comply with the traditional definition. They may not be simply made up of a mother, father, and biological children. Family units might include stepchildren, step-parents, and a parent’s new partner who isn’t quite sure if they are a part of the family unit they are. Things can get even messier when these new relationships end.
Jim and Judy are a happily married, elderly couple, with several children and grandchildren. Their family is close and they have spent many days taking care of their grandson while their son, Alex, and his wife, Amanda are at work. Unfortunately their son and daughter in-law experience trouble in their marriage and separate.
A tenant may terminate a tenancy by giving notice if, because of domestic violence, the tenant believes that his or her own safety, that of a dependent child of the tenant or of a protected adult who lives with the tenant is at risk if the tenancy continues.
First Reading in House of Commons February 5, 2016
C-6, Citizenship Act
This enactment amends the Citizenship Act to, among other things,
Immigration to Canada starts with an application for a Canada Immigration Visa. There are several categories of Canadian Immigration under which you can apply to immigrate to Canada.
We offer a full range of Canada immigration services for clients in Canada and abroad. We advice on all applications including the Provincial Nominee Program, Express Entry, work permit, family sponsors, study visa and visitor visa.
When a judge, writing in July 2015, says the treatment of an individual in a case he’s been hearing is one of the worst since the advent of democracy, you pay attention. Who is this person who has been treated so badly? What happened, and who was responsible for abuse that shocked even a hardened judge? Emeka Christian Okonkwo is a Nigerian trader. It’s an undisputed fact that he’s in South Africa quite lawfully.
These days, more couples are deciding to remain separated, rather than divorce. Why? Some, financial reasons, others, fear of the unknown and to some, the children. Before you walk out and leave things lying fallow, you should talk with a lawyer about “Legal Separation”.
Gather your paperwork: Refer to the Quick Links Page on our website for a list of financial documents. To keep things discreet, you may make copies of these papers. List all your monthly expenses, debts, and income. Create a budget of your expenses when you leave. Refer to the Quick Links Page on our website for our Monthly Budget of Expenses form.
An annulment is a declaration by the court that two spouses were never legally married and allows some spouses to end a marriage without divorce.
A marriage may be annulled when one spouse was already married to someone else, one spouse was under the age of majority and married without parental permission, the marriage was entered into under duress, fear, or fraud, one spouse lacked the mental capacity to understand the basic meaning of marriage, one or both spouses was intoxicated during the marriage ceremony and was not able to give consent and/or the spouses were too closely related to each other by blood or adoption.
To adopt a child, you usually must live in the same Province as the child and you must usually be at least 18 or 19 years old. You do not have to be married but, if you are, your spouse must also agree in writing that he or she wants to adopt a child.
When one parent decides to relocate, it can have a profound effect on the child custody and access arrangement shared with the other parent. The Supreme Court of Canada has recently determined that a custodial parent cannot automatically move a child anywhere without the other parent’s consent.
