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Family Violence- Consideration under the Family Law Act and Divorce Act

As part of the changes to the Divorce Act, R.S.C. 1985., c. 3 (2nd. Supp.) that were enacted in 2021, family violence is now legislated as one factor that must be considered when a Court or other decision maker determines the best interests of a child of married parents (or formerly married parents) in family law disputes. The Divorce Act defines family violence as any conduct by a family member towards another family member that is violent, threatening or that constitutes a pattern of coerc...

The Importance of Accurate Disclosure in Family law Agreements

Even when parties’ have reached settlement with the assistance of counsel, and through alternative dispute resolution, such as mediation or mediation-arbitration, these terms can be overturned. In the case of Rick v. Brandsema, the parties had reached terms while attending mediation, and they had their respective legal counsel review the terms of the Separation Agreement, and each counsel had confirmed providing independent legal advice with the signing of the parties’ Separation Agreement...

How is an estate distributed when a person dies without a Will in Alberta?

When a person dies without a Last Will and Testament (a Will), this person is deemed to have died intestate. There are important ramifications when this has occurred for the managing the assets of this person after they have passed away. First, there cannot be a Grant of Probate, which would be the process if a person had a Will. In a Will there would instructions for the proper distribution of that person’s estate, which then would be administered by the Executor/Personal Representativ...

Efficient Independent Legal Advice (ILA)

In a post COVID-19 world of delivering legal services, often clients need to obtain straight forward legal information in a time sensitive manner, and clients are looking to avoid having to travel long distances to obtain this legal information and advice. At Family Central Law, our team of lawyers through the pandemic have ‘pivoted’ in order to deliver legal services through video conferencing, such as zoom and skype, as well as more traditional telephone calls, so that we continued to del...

What is Indefinite Support?

The term “indefinite support” is used in a court orders or agreements to describe the duration of a spousal support when the Court is not able to determine an appropriate finite period of support. This typically occurs in two circumstances: 1) when the relationship is longer than 20 years; and 2) when the “rule of 65” applies – if you add the years of living together to the recipient’s age and the total is greater than 65. Indefinite support, however, does not mean that spousal support...

Why it's easier now to update your Will

The process of updating your Last Will and Testament (“Will”), should not be an arduous task that ends up being pushed aside due to the anxiety of dealing with this essential document. Estate lawyers with a modernized practice can and should make it as easy as possible to complete an update of a Will, or the completion of your first Will; leaving you feeling comfortable that the process can be completed without stress and in a timely fashion. Completing a new or updated Will can be as ...

Fun facts about lawyer Nicholas J. Van Duyvenbode - learn more about our legal family

Nicholas has been practicing as a lawyer since 2013. During this time, he has had a series of non-law related successes in his life. Nicholas enjoys karaoke nights out with friends and taking to the mic for some not-so-crowd pleasing pop songs. Notwithstanding the repeated attempts of his friends to prevent him from organizing further karaoke nights, these nights continue to persist. Every Halloween, a militant organization of Halloween festivities and compulsory costumes is required...

Where to start when responding to an Emergency Protection Order (EPO)

If the criteria are met, the EPO will be granted, and the EPO document will be generated by the Court. A police officer will serve the Respondent with the EPO document. From this point forward, the Respondent must abide by the conditions of the EPO or face serious legal consequences. The police officer may accompany the Respondent back to the family home to collect a few of their personal belongings, which this service must be booked and confirmed in advance of this occurring. An individu...

What is a Personal Representative’s responsibility to ensure the adequate sale of real property within an Estate?

A Personal Representative must take prudent steps to ensure that real property is kept to a standard that damages to the property are protected against, that if there is the opportunity that the property is utilized for income generation, while it continues to be retained by the estate, and lastly that if the property is to be sold in a timely fashion and steps taken to obtain the highest sale price.

Family Dispute Resolution Processes- An Overview

In family law matters, court litigation can be expensive, intimidating and time consuming, and may escalate the conflict in a family rather than resolve it. The Divorce Act now requires families to try to solve their family law issues by using family dispute resolution processes, where appropriate. There is also an obligation of legal advisors to encourage their family law clients to try to resolve issues using family dispute resolution, unless it would be clearly inappropriate to do so. The...

Reported Decisions

Family Violence- Consideration under the Family Law Act and Divorce Act

The Importance of Accurate Disclosure in Family law Agreements

How is an estate distributed when a person dies without a Will in Alberta?

Efficient Independent Legal Advice (ILA)

What is Indefinite Support?

Why it's easier now to update your Will

Fun facts about lawyer Nicholas J. Van Duyvenbode - learn more about our legal family

Where to start when responding to an Emergency Protection Order (EPO)

What is a Personal Representative’s responsibility to ensure the adequate sale of real property within an Estate?

Family Dispute Resolution Processes- An Overview

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