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September 2017 Archives

Family law: The what's his, what's hers dilemma

A divorce settlement generally spells out the details of a divorce. There are many legalities around family law in Alberta, and when things are spelled out as in who gets what when, it makes good sense to pay attention. It is perfectly fine to question what is written in divorce papers, particularly when uncertainty remains regarding specific terms. 

Executors: Fatal Accident Claims and Estate Administration

In Alberta, when someone dies as a result of the negligent or criminal actions of another person, the Executor or Administrator of the deceased person's estate should be aware of a possible claim under the Fatal Accidents Act, against the person whose actions caused death. Section 3 of the FAA states that the action can be brought by the Executor on behalf of all the potential claimants - deceased's spouse, adult interdependent partner, parents, children and siblings.

Family law: Child told not to wear girls clothes in custody case

A couple is fighting over the custody of a five-year-old child who was born male but identifies as female and wants to wear girls' clothing. The child's mother is supportive of the child, but the father says it's the mother who has the child mixed up. Under the family law umbrella in Alberta, one judge ruled the child could only wear girls clothes privately and another judge upheld that decision. However, a third judge removed the restriction and said the child could choose what clothes to wear and when.

Collaborative law: Your RRSP funds and divorce

Couples who plan for retirement together don't usually think about the possibility of divorce. Sometimes, however, life throws a curve ball, and couples do separate. Collaborative law in Alberta paves the way for couples to iron out issues surrounding divorce -- one being what happens to retirement savings in the event a couple divorces. 

High asset divorce in Alberta: Wealth and court don't mix well

More than 40 percent of all marriages in Canada will end in divorce and most are labelled "no fault." Wealthy, married Canadian couples usually have no problem paying for a divorce. But in high asset divorce cases in Alberta, the best scenario moving forward with divorce action is to try to stay clear of the court room. 

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