Many faiths require that spouses obtain more than just a legal divorce, but a religious divorce as well. Spouses who practice Judaism, Islam, Catholicism and other religions may find that they require a religious divorce or annulment to […]
Recently, a case from the Ontario Court of Appeal addressed if one can make a claim against a payor for retroactive child support, against the estate of that payor if they have deceased. In this case, Blacklock […]
In the recent ABQB decision, DCE v DE, 2021 ABQB 909, Justice K.S. Feth cast light on the factors the court should consider when appointing independent legal counsel for under-aged children.
In this contested litigation the father applied to the […]
In 1994, the Honourable Mr. Justice Fraser of the Supreme Court of British Columbia wrote what is now an almost-famous phrase in family law: “Non‑disclosure of assets is the cancer of matrimonial property litigation.” This phrase […]
Amendments to the Divorce Act has now been in effect for over a year and there remains much to be interpreted by the Courts. One of the most significant changes that came into effect with the amendments was […]
Solicitor-client costs are a rare remedy in litigation. They are, in essence, a financial punishment for egregious conduct on the part of one of the parties that can be described as “reprehensible, scandalous or outrageous” (Walsh v Mobil Oil […]
Many people enter marriage without a full understanding of the rights and responsibilities it affords. One of the little-discussed rights that comes along with marriage, at least for people residing in Alberta, are dower rights.
Not to be confused […]
It is quite common for adult children to receive financial contributions from parents as they embark on adulthood. Sometimes these generous financial contributions continue from parents even after their adult children have families of their own. In family law disputes, […]
What happens when your adult child starts receiving AISH payments? Are you still obligated to make child support payments? In Werenka v Werenka, 2021 ABQB 789, the parties had been separated for 12 years and were parents to two […]
Living common-law with a long-term partner, as opposed to getting legally married, is becoming more prevalent amongst Canadian couples.
This raises the question of when it is appropriate to create a cohabitation agreement with your partner.
A cohabitation […]