Category Archives: Family Law and Divorce

The Child’s Voice in Legal Proceedings – Part 2

In the last issue, we discussed the importance of including a child’s voice in custody and access disputes.  In this issue, we will discuss some of the potential ways that this can occur. Generally, a judge will not allow a child to testify in court or to swear an affidavit, however, there is technically no … Continue reading The Child’s Voice in Legal Proceedings – Part 2

How Do I Break the News To My Kids About Our Divorce?

It is going to be difficult to tell your kids that their parents are divorcing. How you tell them, and how you help them deal with their emotions in the aftermath of breaking the news is very important to consider. Here are some tips on breaking the news: Show that you are unified – if … Continue reading How Do I Break the News To My Kids About Our Divorce?

I want to separate from my spouse, but I can’t afford it… what do I do?

There are a number of people that seem to be in the same boat these days. The answer is not simple. If you make the decision to leave your spouse, you will likely have things that need to be resolved before you can move on with your life – that may cost some money. How … Continue reading I want to separate from my spouse, but I can’t afford it… what do I do?

If I’m divorced, who will look after my kids in the event of my death?

The laws in Alberta vs. Saskatchewan regarding guardianship of children after the passing of one parent are quite different. Some parents think that it’s automatically the other parent that will get the kids. On the other hand, some parents try to put it in their Will as to who will get their kids, and it’s … Continue reading If I’m divorced, who will look after my kids in the event of my death?

If my spouse and I still live under the same roof, can we be considered to be “separated”?

In a nutshell… yes. If you want to rely on the one-year separation period to get a divorce, you must be living “separate and apart” for that length of time. To prove this separation, you must overcome two hurdles: physical separation and the intention to bring the marriage to an end. If you are living … Continue reading If my spouse and I still live under the same roof, can we be considered to be “separated”?

When I travel alone with my kids, what documentation do I need to bring?

When you are travelling this holiday season, do yourself and your kids a favour – get a Consent to Travel form signed by the non-travelling parent in front of a Notary Public or a Commissioner for Oaths.  This is not only required for divorced/divorcing parents – it’s anytime you are travelling without the other parent … Continue reading When I travel alone with my kids, what documentation do I need to bring?

As a step-parent, do I have a right to spend time with my step-kids after divorce?

By agreement between you and your former spouse, you have a right to enter into a parenting arrangement with biological kids and/or step-kids. If you and your former spouse cannot agree, you may make an application to Court to ask for time with your step-kids.  If you are unmarried and the kids reside in Alberta, … Continue reading As a step-parent, do I have a right to spend time with my step-kids after divorce?

If my spouse and I hold property in joint names, how does that affect the division of property on separation and divorce?

If spouses hold property in joint names, the law presumes that you intend to share that property equally. When you and your spouse separate, once joint tenancy is severed, you will be presumed to each have an equal one-half interest in the property. Therefore, although it may be that one party did not contribute financially … Continue reading If my spouse and I hold property in joint names, how does that affect the division of property on separation and divorce?

Can my wife and I divide our RRSP money without feeling the tax consequences now?

Yes. It is very common in separation agreements or court orders to separate property that RRSPs are also subject to a division, or effectively redistribution, between former spouses. Canada Revenue Agency (CRA) imposes certain technical requirements on you and your spouse before it will allow such a division. The first hurdle: you and your spouse … Continue reading Can my wife and I divide our RRSP money without feeling the tax consequences now?