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April 2018 Archives

How to Lose One Billion Dollars...

Digital currency such as Bitcoin, Ethereum, Zcash and Ripple are increasingly pervasive, both for business transactions and as an investment. Although the values for digital currencies are extremely volatile, speculators have made large fortunes. Digital currency is maintained in a cryptocurrency "wallet" that keeps a record of transactions using blockchain technology and is secured by digital keys. Digital currency that cannot be accessed essentially disappears and cannot be recovered.

Adultery and divorce under family law rules in Canada

It seems that unfaithfulness causes more rifts in marriages than anything else. Although family law has paved the way for uncontested divorce in Canada, adultery still seems to be one of the main reasons either one or both spouses decides that a marriage is on the rocks. The Divorce Act -- a federal law overseen by individual provinces -- provides that adultery, along with mental cruelty and physical separation for at least one year, are all grounds for divorce.

Family law: Getting evidence when parents are in major conflict

The majority of couples who decide their marriages are no longer working and who make the decision to divorce can do so amicably. In some instances, however, volatile emotions can't be reined in, and divorcing parents may need to seek outside assistance under family law to help them to come to an agreement regarding parenting issues. One parent or even both could be causing problems, and ultimately the court must intervene after having obtained not only the evidence from the couple, but in many cases evidence of a neutral third party like an Alberta family counsellor.

Family law in Canada: Sharing a work pension after divorce

When a couple who has been married or cohabiting for many years decides to call it quits, they may not be aware that employment related pensions form a potentially divisible asset, whether under the Matrimonial Property Act (Alberta) or the law of constructive trust and joint family venture. Pensions can be difficult to value, depending on whether or not they are defined benefit or defined contribuition pension. It may be necessary to retain an actuary to provide a range of hypothetical values for a pension. That range may vary significantly depending on the assumptions used, e.g., the date of retirement, anticipated increases in salary and statistical mortality rate.

Divorce mediation in Canada: Navigating the steps

Divorce comes with baggage. And that baggage needs to be unpacked, and often the way of doing that in Canada is through divorce mediation. The answers to issues usually aren't found in one or two mediation sessions, but through a series of them where the couple comes to the table with the goal of ironing out their differences, especially when it comes to their children.

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