The inter-generational nature of farms, and the need to keep enough farmland to make the farm viable, pose several unique challenges when families decide to separate. Farm families often experience the law in unique ways, and divorce is no exception. The inter-generational nature of farms, and the … [Read more...]
What happens when a business owner divorces? Part 2
In this second part, let's look at protecting a business, and calculating child and spousal support. Part 1 of this article explained the various ways a divorcing spouse can be compensated for their family property claim to a business. Part 2 now looks at how to insulate a business from the … [Read more...]
What happens when a business owner divorces? Part 1
In this part, let's look at buying spouses out and corporate assets. Whether you are a business owner, the spouse of a business owner, or in business with another family, you may be curious about what impact a divorce can have on the business. If your business partner is divorcing or you are … [Read more...]
Dealing with US Debts in a Canadian Bankruptcy
Given the many Canadians who have business, assets, work or winter in the United States (“US”), it is not uncommon for someone in Canada to owe money to a US lender. If you went to school in the US, you may even have US student debt. How US debts are treated in a bankruptcy if you cannot repay those … [Read more...]
BenchPress – Vol 41-3
Intolerable Delay, 5 Years: Case 1 Barrett Jordan was charged with a criminal offence in 2008 and his trial ended with his conviction in 2013. He alleged that his Charter right to trial within a reasonable time had been breached and the Supreme Court of Canada agreed. It set out a new standard … [Read more...]
Obtaining Evidence in High Conflict Parenting Disputes, Part 2: Using Experts in Parenting Disputes
In most disputes over parenting time, parents come to reasonable decisions about what is in their child’s best interests. However, a small percentage of disputes are “high conflict”. In high conflict cases, the parents have great difficulty communicating, make decisions together, and treating each … [Read more...]
Divorce and Bankruptcy Law in Canada
Almost one in five insolvencies in Canada (a bankruptcy or consumer proposal) involves someone who has experienced a marital or relationship breakdown. Often the financial problems occurred long before the divorce. Financial pressures often increase after divorce as two households are now trying to … [Read more...]
Marriage Breakdown Affects Taxes and Child Benefits
Significant financial and non-financial issues arise during the breakdown of a relationship. This article addresses the various tax claims and related benefits for children that should be considered in the finalization of a separation or divorce agreement. These issues can also be relevant for … [Read more...]
How is property divided at the end of a relationship?
The property rights that you have at the end of a relationship depend on what kind of relationship you had in the first place. Are you married? Living together? If you are married, then the property rights that you have come from Alberta’s Matrimonial Property Act. If you are living together but are … [Read more...]
Co-parenting: Doing your best for the kids during separation and divorce
Separation or divorce is one of the most emotionally taxing situations a person may face. On top of that, a parent is usually trying to maintain some semblance of normal life for their children. Some guidance in the midst of this can help. Family Justice Services offers Parenting After Separation … [Read more...]