When individuals are going through a divorce, if a spouse is found to be underemployed, income may be assigned or “imputed” to them for the purposes of determining how much support is payable.
This raises a novel question, what happens when […]
Consider this fact scenario – you own a dental practice and are getting a divorce. The dental practice, if acquired during the relationship, is subject to family property distribution.
The Fair Market Value of the business for purposes of property distribution […]
In a divorce some assets are exempt from family property distribution, including assets brought into the relationship. The increase in value of said assets, however, such as a home you had prior to marriage that increased in value due to […]
When you and your ex-spouse decide to divorce, family property will be divided pursuant to the Family Property Act, Alberta. If you or your ex have a “book of business” or “book of clients”, you may wonder what the courts […]
What do you do if your partner absconds from the country and takes your child with them; or, alternatively, you return to Canada from international travel with your children and your partner thinks that the children should have remained abroad?
At […]
One of the most challenging hurdles to overcome when going through a divorce is how to effectively co-parent with your ex-partner. An essential component of co-parenting is productive and non-confrontational communication with your ex.
As with any parenting case, the case […]
The Canadian legal system is an inherently confrontational system. One party has a grievance against the other and they need the justice system to tell them how to resolve the issue. These grievances may fall within a wide range of […]
One may suspect that capacity issues rarely arise outside of estate matters. This assumption, however, would be incorrect. Issues regarding capacity to instruct counsel can arise in any type of legal matter including family, personal injury, and beyond.
The Alberta Rules […]
In this recent decision from the Alberta Court of Appeal, written by Justice Pentelchuk and concurred by Justices Paperny, Watson, Greckol, and Feehan, the Courts revisit the test for determining parents’ income for the purposes of child support.
Prior to […]
Parenting with your ex-partner can be tough, and the difficulties associated with parenting are exacerbated when you and your co-parent live in different provinces, or even different countries.
Generally, when co-parents live in the same city exchanges of the child for […]