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May 2016 Archives

CONSEQUENCES OF INTESTACY IN ALBERTA

The untimely death of musical artist, Prince, provides a cautionary tale of the unintended consequences of dying without a will, or "intestate". In most jurisdictions, legislation dealing with intestacy sets out a statutory regime for the appointment of the Estate's Administrator, and to whom the Estate will be distributed.

An introduction to Alberta prenuptial agreements

A prenuptial agreement is a contract between two people who are planning to be married. In Alberta, the prenuptial agreement can contain contractual terms that determine how property and debt will be divided at any time during marriage, but usually in case of future divorce or separation. 

Number of Canadian women in common-law relationships rising

According to an article by CBC News, the 2011 Household Survey showed that 11 percent of women in Canada resided with partners outside of marriage, a 7.2 percent increase from 3.8 percent in 1981. The divorce rate of people younger than 50 in Canada had also dropped. 

Placing a value on the family business in divorce

One of the toughest issues in an Alberta divorce is to determine a division of property between the divorcing spouses that complies with provincial law and that will be sufficient to support each of them going forward. Key to property division in divorce is placing a value on each asset. Valuation of a family business can be especially complex and challenging. 

Divorce mediation can be a smart alternative to litigation

In many Alberta divorces, the spouses are able to reach a settlement agreement resolving their legal issues like property division, spousal and child support, and child custody with the assistance of a neutral third party in a negotiation process called mediation. Mediation is an alternative dispute-resolution process to traditional divorce in which the parties — and not the judge — decide what the arrangements between them and their children will be after the marriage ends. 

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