When separating or divorcing, it can be overwhelming to think of all of the decisions that have to be made. One of the very first decisions is often that of one spouse or parent moving out of the family home. When considering this move, separating couples can be stumped trying to figure out what stays and what will go with the moving-out spouse. Here’s some ideas to help with … [Read more...] about How Do We Divide Household Contents when Separating Or Divorcing?
Division of Property
One of the first things that needs to be organized in any divorce is the documentation. There’s lots of documents required to be exchanged between spouses. What are those documents, and when should the gathering start? Let’s start very simply – what do you mean by disclosure? Disclosure is the process of providing information and documentation relating to 4 main … [Read more...] about What is the Disclosure Process?
Unmarried living together – very common these days! Planning for that cohabitation – less common, but probably one of the most important things you can do. Whether you end up married or not, the law in many jurisdictions provides that once you’ve been living together for a certain period, your division of assets & debts / spousal support obligations / entitlements on separation or death … [Read more...] about Planning for Living Together – Questions to Contemplate
There’s a new Act coming into force on January 1, 2020 – the Family Property Act – replacing the current Matrimonial Property Act. The biggest change is that this legislation now gives unmarried separating couples in Alberta the right to automatically divide their assets and debts. This is huge – until now, these separated couples had to prove that there should be a division of assets … [Read more...] about Changes are Coming for Unmarried Separating Couples in Alberta – Jan 1, 2020
Is this news to you? I just read about a survey conducted by BMO in August 2011 of Canadians going thru divorce suggesting that financial security over the short- and long-term are of primary concern when deciding whether to split from their spouse. The top 3 concerns were: the family home (53%), pensions (17%) and investments (13%). When I see these numbers, I am not surprised in the … [Read more...] about News Flash: Finances are a Top Concern for Divorcing Couples
Can “sharing” and “divorcing” go together in the same sentence? As you work out your parenting plan, and determine where the kids are going to live, have you come to impasse where you truly believe that you cannot come to an agreement on who will get the kids when and for how long? You may want to consider continuing to share your matrimonial home with your ex-spouse. “How on … [Read more...] about Sharing Post-Divorce – For The Kids’ Sake
Before deciding which spouse will keep what property, spouses must determine whether their property is inside or outside the realm of “divisible” property. The determination may be different depending on which side of the Alberta / Saskatchewan border you are on. The one important difference is that the Alberta Matrimonial Property Act applies only to married couples, whereas the … [Read more...] about 4-Part Series: Aspects of Separation & Divorce – Part 4: Division of Property
There are a number of items which you will need to gather to provide to your lawyer when you are in the process of separating. In anticipation of meeting with your lawyer, you should gather such disclosure as: Your (and your spouse’s) Income Tax Return &Notice of Assessment – 3 most recent yearsIf you are an employee: 3 most recent pay stubsIf you own your own business: financial … [Read more...] about What information do I need to gather to give to my divorce lawyer?