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Edmonton Family Law Blog

Dividing the matrimonial home

When you decide to leave your domestic partner, many concerns regarding your future may cross your mind at once. How will you manage financially? Who will look after your children going forward? Where will you live?

These questions can seem overwhelming at the onset. Therefore, it’s important to remember there are laws in place to protect your legal rights and financial interests. The law understands that it can be complicated to divide a shared life with someone, so it’s best advised to run any questions you have about your property by a legal professional.

Marriage Contracts Are Becoming More Common For Couples

Marriage is generally a fun and exciting time for couples. It signifies a commitment between two people to spend the rest of their lives together. For some people, they keep this commitment for their entire lives. Others however, may decide they do not want to continue this commitment.

It's hard to imagine breaking up and going your separate ways when you are thinking about getting married. However, thinking about this possibility early may help you avoid legal battles and other frustrations associated with separation in the future. One way to avoid the headaches that come with a separation or divorce is to create a marriage contract.

4 missteps that can turn an amicable divorce contentious

Ending a marriage can be a significant life event. It can also be complex and emotional. As such, there is the potential for a divorce to become contentious and bitter. However, there are ways to avoid this behaviour during divorce proceedings.

There are steps parties can take -- or rather not take -- to keep a divorce amicable.

Corporations Can Be Ordered To Pay Shareholders' Support Payments

Corporations protect a shareholder’s personal assets from creditors. In some situations, corporations can be liable to pay a shareholder’s debts. Payment of family maintenance orders is one of these situations.

Across Canada, provinces have passed legislation that allows courts to make an order that a closely-held corporation is liable to pay support payments for its shareholders. In Alberta, this legislation is known as the Enforcement of Maintenance Orders Act.

Who Gets The House When Common-Law Couples Split?

It may be the law that the answer to this question is generally the owner of the property, but many common-law spouses are not finding that solution fair.

As more couples decide not to get married, a legal group in Alberta is highlighting the need for improved legislation over the ownership of property. Because it’s easier to end a common-law relationship, there is a rise in break-ups for these types of couples, but with few protected rights. It’s important to know what the current laws are, and what legal options you have if you are not the legal owner of a shared home with your partner.

A Child Has Two Parents, Even If They're Separated

We all have friends who are very nice people - except where their ex-spouses are concerned. Then the bitterness of a harsh separation wins out, and the best thing for them both is to stay well away from each other. But many spouses are also parents. Can either spouse make their child stay well away from their ex-spouse too?

This is all too common in bitter breakups. Each spouse thinks that their ex is bad for the child, and will fight tooth-and-nail to 'protect' their child from the other spouse. Both mean well for their children. But they forget that a child's relationship with both parents can be much different than their parents' relationship with other.

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