High Common Reasons for Grey Divorces in Alberta

According to a 2019 Forbes article - grey divorces are a new rising trend of couples who are either separating or divorcing amongst an older population in the United States. While experts believe this same trend is occurring in Canada - they also point out that living longer lives doesn't always translate into longer marriages. Research also shows that one in five people getting divorced was 50 years old or older according to a study conducted in 2015. In a previous blog post we discussed important considerations to bear in mind during a grey divorce in Alberta. As an extension of that article we've decided to dive into the common reasons why people get grey divorces and here are 5 common reasons we hear from our clients for grey divorces.

Here are some reasons why people seek grey divorces:

Couples Have Simply Grown Apart: This happens a lot in marriages and is not necessarily a trend that is restricted to a certain age group. It is the most common reason people get a divorce outside of financial troubles. As people age and evolve - so do their interests and what makes them happy. Therefore, it's very common to see couples citing irreconcilable differences on their divorce documents due to simply growing apart.
Different Views on What Retirement Looks Like: Another common reason we hear for grey divorces from our clients is that many couples end up having different views on what retirement looks like. While some people want to slow things down and enjoy a perhaps more peaceful life at the cottage full time or in a senior community - others may want to continue living a more action filled or fast paced life without giving into retirement life too quickly. Competing ideologies on what retirement looks like are a major factor in grey divorces.
Different Money Spending and Saving Habits: Whether you're newly married in your 20s or 30s or have been married for a long time - the number one reason for divorce and relationship breakdowns in Canada has always been and continues to be - financial troubles. Typically, financial troubles can range from varying spending and saving habits to purely bad decisions. Whatever the reason may be - varying differences on money spending and saving habits can be a common reason for grey divorces.
Kids Have Moved Out: In some cases, we've seen where after the kids have moved on to college/university or have moved out can result in grey divorces. Empty nesters as they're often referred to - can see an increase in divorce rates especially when some of the above-mentioned factors are also evident.
Changing Expectations: Another common reason for grey divorces in Alberta (based on what we hear from our clients that we've helped) are changing expectations. Sometimes people change - and as a result their expectations of what the present and future should look like can also change. When couples aren't in alignment on these views - we see a higher probability for a grey divorce.

Contact An Edmonton Divorce Lawyer For Legal Assistance With Grey Divorces

If you or a loved one require legal assistance with a grey divorce - contact our law firm today to book a consultation with one of our Edmonton divorce lawyers. Our divorce lawyers have handled numerous grey divorces for our clients over the years and we have demonstrated an ability to resolve divorce legal matters in a timely and efficient way. You can book a consultation with us by dialing 587-410-2500 directly or by filling out an online consultation form here. We look forward to hearing form you.

Disclaimer: The advice given in this article is not intended to act as legal advice. For more specific legal advice on grey divorces - please speak directly with a divorce lawyer who has experience handling grey divorces in Alberta.

Tips On How To Bounce Back After A Divorce

Life after divorce doesn’t need to be riddled with complexities or hardships. Surely, the first few months or even the first year following your separation or divorce may be very challenging with all your new adjustments but they don’t have to be. You are now in full control of your new life and have new choices to make every day. Based on our client’s post-divorce lives we have put together a list of tips on how to bounce back after a divorce. We hope you find these helpful.

Create a support system: Most of us have a tribe or group of people we can rely on whether they are friends or family during rough times. Make sure to reach out to these pack members routinely and let them know how you’re doing. Ask them how they’re doing too and keep them informed of what’s new in your life and seek advice from them when you feel the need to. People who genuinely care about you and have your best interests at heart are a great source of support following your divorce.
Place your health and wellness as a priority: A lot of people forget that health and wellness is a very important part of any recovery – whether it’s from a physical injury, medical condition or a divorce. Whether you’re going for a walk daily or taking a conscious effort to eat healthy and more nutritiously – always remember that your health and wellness is the number one thing to focus on following a divorce. Taking care of yourself and focusing on self-care is a very important part of the whole process on bouncing back after a divorce. You may also want to consider getting therapy if you feel you need some professional help as well. There are fantastic therapists out there who can help with almost anything.
Take time to reflect and re-discover yourself: After being married for a long time – you forget about things you used to enjoy doing solo. Take some time to reflect and re-discover yourself and what makes you happy. Whether it’s jumping on a motorcycle and going for a ride on long winding country roads or learning a new skill like crocheting – take some time to participate in activities that make you happy.
Keep old friends but make new friends too: One of the things our clients mentioned repeatedly was the awkwardness in keeping old friends who were friends of your exes too. Surely get togethers may not be the same anymore so we recommend making new friends too.
Pick up some new hobbies: Now is the best time to pick up new hobbies that interest you. You’re never too old or too young to learn a new skill set so spend some time picking up some hobbies that can keep you entertained.
Go on a vacation and get some Vitamin D from the sun: Go on vacation. Whether by yourself or with friends or family – go get some sun (with sunscreen of course) and get some natural vitamin D. Sunlight is a proven remedy to help lift our spirits especially when we live in areas such as Alberta that don’t get a lot of sunlight during the winter.
Pick up a new physical activity: Whether it’s running, Zumba, salsa dancing or skiing – pick up a new activity that keeps you physically active. It’s good for your health and well being and will also release endorphins which are known to lift moods. Most importantly – it’s great for your heart rate.
Do things that make you laugh: They weren’t lying when they said laughter is the best medicine. Laughter is also known to boost endorphins which can subsequently boost your mood and happiness too. Do things that make you laugh and surround yourself in the presence of people who make you laugh as well. Watch a movie, play with your dog or cat or watch a comedy show on Netflix.
Embrace each new day as one filled with new opportunities: When you wake up each morning remember that each new day is a new page in this next chapter in your life. And you are the only author who gets to dictate what happens during this next phase. Make wise choices and remember that each new day is a new page in your 365-page book.
Don’t rush into a new relationship: We recommend you give yourself time to heal and rediscover yourself before rushing into a new relationship. You should be your number one priority for the next little while.

Disclaimer: Please note this article is intended to act as a general overview on a topic and does not constitute legal advice.

Illicit Black Market Cannabis Dealers On The Rise

As of 17 October 2018, recreational use of cannabis was no longer considered a violation of criminal law. The legalization fell under the same regulation to how alcohol is controlled in that it limits home production, distribution, consumption areas, and sale times. Although there was a deregulation of cannabis, there was a strengthening in punishment for those supplying the substance to minors or driving while impaired.

After the new year turned over, online sales of cannabis have taken off, but not in Alberta. That hasn’t stopped some black marketers from using the platform. Legal cannabis retailers are calling on the government to crack down on the black market. It’s unforeseen, and illegal, competition that is undercutting the considerable investment legitimate businesses have made to offer cannabis products to the public. The issue is, black marketers within the province are openly operating online with little repercussions, while certified businesses in the province are barred from using the platform to sell and distribute their products.

On the other side, black marketers have indicated that their product helps ease the supply shortages because the demand is so plentiful right now. Federal Minister, Bill Blair, stated recently that the best weapon against the $16-billion black market is successful legalization that ensures competitive prices and safe products. He added that he’s confident that nearly 50% of cannabis sales now are legal.

However, that hasn’t helped quell the concerns from legal retailers who believe that not enough is being done to address those who are skirting the law. Conversely, business owners believe that opening up the law to allow online sales will help them better compete and drive out those who are illegally providing the substance. Perhaps, as alluded to before, the problem lies in the supply.

Oversupply Could Carry Its Own Risks

Industry experts purport that while there is a shortage now, that won’t be the case in two years if licensed producers (LPs) execute their business plan. LPs are worried about this phenomenon because it’ll mean a drop in prices in cannabis at retail, which will ultimately drive down their profits at wholesale. Regulators, LPs, and retailers all agree in saying that a stable, cost-competitive supply will push out the black market, which for now is flourishing. At the end of 2018, illicit sellers held 80% of the market, so you can easily see certified retailers have ground to make up.

The Alberta Gaming, Liquor & Cannabis (AGLC) plans to issue five new licenses every week if the supply keeps increasing. There was a stoppage after only 20% of the marijuana Alberta had ordered delivered. Alberta remains the leader with more than 100 cannabis stores open province-wide, with sales back in March in Alberta reaching more than $14 million in a quickly growing industry that hit $60.5 million nationwide that month.

At Verhaeghe Law Office, we stay updated on all developing law trends for our clients. For more information about us or if you need legal representation, please contact Verhaeghe Law Office at 587-410-2500

Divorce from a Man's Perspective

Divorce is a difficult life event for all parties involved. More men in recent years have been pushing for equal rights when it comes to child custody and other aspects of a divorce. Both men and women face repercussions during and after a divorce, but they can minimize the damage they do to their lifestyle, children’s lives, and assets. This traumatic event often clouds judgment, causing individuals to react emotionally and not always use facts to back their side. This is the second part of the two-part series exploring the women’s and men’s perspective on divorce. If you’re considering a divorce, call Verhaeghe Law Office at 587-410-2500 for a consultation to ensure your understanding of the divorce process.

Don’t Use Children As Leverage

A judge will grant custody to the parent who nurtures and fosters a positive relationship between the child and the other parent. In the end, the judge will rule in the child’s, not the parents’, best interest. Using your child to harm your former spouse’s feelings or to further your financial goals will be looked down upon and will be used against you.

Neglecting Family Duties

Being in divorce proceedings isn’t a ticket to not continue supporting your family. In fact, it’s quite the contrary. This is a time to ensure all of your finances are in order and that everybody is taken care of financially and emotionally. If you’re the breadwinner in your family, your financial responsibilities don’t end after filing. Meaning, you still need to help pay for utilities and mortgage for the marital home and keep up insurance coverages before the divorce is final. Cutting off support will do you no favors in the judge’s eyes.

Hiding Your Assets

Any attempt to hide assets will result in expensive litigation that could put you on the hook for your former wife’s lawyers’ fees as well. Being open and transparent about your finances evokes trust and that you’re willing to work through the issues. Hiding them has the complete opposite effect.

Don’t Be Indecisive

If you’ve been served divorce papers, this is a serious matter that you can’t just shrug off. Many studies have shown that most men don’t emotionally respond in the same way as women. Men will bottle it up, but again, this is the exact opposite of what you should do. Failing to act can have devastating consequences. Your wife and her lawyer are building a case and whether you’re ready or not, proceedings will take place. We can help prepare you for the road ahead.

You Have An Opportunity

Don’t believe the myth that as a man you will have less leverage over your wife in any part of the divorce process. Your best advantage during a divorce, a division of property, spousal support, and child custody is to hire an experienced family court lawyer. We have worked in many cases that have given men what they have needed to move on in their lives. Our team understands that the entire divorce process from beginning to end is challenging, but hiring Verhaeghe Law Office and showing you have the best interest of your family in mind will assist in getting the closure you crave.

Pet Custody Disputes in Divorce Proceedings

Those of us who are lucky enough to own pets, understand how pets eventually become an integral part of the family unit where we can develop strong emotional attachments with them. But what happens to pets when couples decide to separate and/or divorce? Individuals who are either contemplating or are pursuing a divorce may be shocked to find out that governing family laws in Alberta regard pets as property. The Family Law Act entitles both spouses to equal rights when it comes to family property. This entitlement extends towards things such as land, shares, money, financial plans, partnership interests and more.

While there is no legislation that definitively governs the division of pets – the courts have witnessed an increasing trend where people see their pets as more than just a possession or property. The Province of Alberta’s Matrimonial Property Act allows the courts to decide how property is divided between divorcing spouses. When divorcing couples cannot agree on who claims custody or ownership of the pet(s) after a divorce, the courts will take numerous factors into consideration when deciding matters on pet custody disputes.

For example, the courts will consider things such as whether the pet was brought into the relationship prior to marriage where it may be considered as excluded property and will remain with the individual who originally purchased the pet. If, however the pet was purchased after marriage – the courts will look at things such as who paid for and contributed most to the care of the pet both financially and physically. In Telep v. Telep 2012 BCSC 2092 – both parties had two dogs. The judge ordered that both dogs be given to the husband because the judge believed the husband had a more of a sincere emotional attachment to the dogs. In both of these situations, the laws are not determinative and many of the factors that go into making a decision in these matters can be challenged.

The courts do recognize that under some circumstances, pets may be equivalent to children for certain couples. In situations such as this, the courts will either recommend joint custody or encourage both parties to come to an amicable solution on their own. The agreed upon solution may be in the form of a written agreement that satisfies both spouses and would include things such as visitation schedules and rules regarding how costs for pet care will be shared.

For example in Boulet v. Rushton 2014 NSSC 75 – the court dealt with the divorcing couple’s dogs by creating an access schedule that both spouses had to abide by. Boulet was considered the primary caregiver of the dogs and Rushton would have care of the dogs two days a week. The Court of Appeal has seen cases brought forth where couples disagreed with pet custody matters and this is something that can be very costly as well as avoidable. Having legal counsel on your side with respect to your divorce proceedings may help reduce or eliminate pet custody disputes before they even start.

What makes pet custody disputes rather challenging is that sometimes it is difficult for the courts to understand the emotional attachment humans can have with their pets. Furthermore, because there are no definitive rules when it comes to pet custody – the courts generally will recommend both parties come to an amicable solution on their own. That’s why we recommend seeking legal counsel if you and your partner/spouse cannot come to an agreed upon solution with respect to your pet(s).

If you find that you and your partner or spouse cannot come to an amicable solution on your own with respect to the custody of your pet(s) – we recommend you contact an Alberta based family lawyer who can help resolve your pet custody dispute amicably as well as timely.

At Verhaeghe Law Office – our Edmonton divorce lawyers have helped numerous clients who have been embattled in pet custody disputes. We understand that pets are considered family and will work towards an expeditious solution with respect to your pet custody dispute. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your pet custody dispute.

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers to your divorce and family law questions.

Impaired Driving

How to Find the Best Wills and Probate Lawyer in Canada

If you're taking on the role of an executor, you may want to hire a probate lawyer. Here's your guide on how to find the right probate lawyer near you.

A deceased person leaves behind properties which can be a fortune or a headache for the surviving family members. It's important to have an prepare a Last Will and Testament which names and executor or executrix to help distribute your estate and settle your debts after you are gone. It's also the role of the executor to fulfill your last wishes regarding the disposition of your property and make final funeral arrangements.

Estate executors do not have to be lawyers or financial experts. However, they have a fiduciary duty to act as per the will of the decedent.

There are delicate legal and financial matters involved in fulfilling the directives outlined in the will. Dealing with courts and legal papers and filing estate tax returns can be confusing to nonprofessionals. It is important for executors to hire qualified wills and probate lawyers to oversee the process.

Keep on reading to learn more!

Roles of a Wills and Probate Lawyer

The administration of a decedent's estates goes smoother when he or she drafts a will before passing away. In such a case, a probate lawyer can offer legal counsel to the executor or beneficiaries of an estate. For instance, the lawyer can scrutinize the will and determine whether the deceased person wrote or signed under pressure.

For example, people with interest in the properties of an older adult with dementia can take advantage of them. A probate lawyer can help discover whether someone manipulated the will or forced the decedent to sign it.

Most probates go unchallenged apart from a few instances where they face objection. Examples of such situations are claims of forgery, inadequate witnesses, or if the provisions of the will contradict the law.

Apart from defending or challenging wills, probate lawyers can help executors with the following tasks.

Guidance on how to pay the decedent's bills and debts
Preparation and filing of documents as per the probate court
Determining whether there are any estate taxes owed
Management of the estate's checkbook
Collection and control of life insurance proceeds
Appraisal of the decedent's property
Finding and securing all the assets of the decedent

If the decedent happens to have died intestate (without a will), intestacy rules govern the distribution of the estate. The laws are government-imposed and this will fall into the category of Administration of Will instead of Probate of Will. Another scenario is when the executor or executors have died before (pre-deceased) the Testator of the Will (decedent). In this case, the Probate Lawyer will apply for Administration of Estate With Will Annexed.

If the deceased person left a surviving spouse but no descendants, the entire estate goes to the spouse. In the same way, the estate goes to the surviving descendants if the decedent does not have a living spouse. According to the Wills, Estates and Succession Act, the term descendant refers to all descendants in the deceased person's lineage.

Distribution becomes a bit complicated if the deceased person leaves a surviving spouse and descendants. Whichever the scenario, a probate lawyer should help the administrator to share the assets according to the intestacy rules.

Your Lawyer's Responsibilities

A probate lawyer can help the estate administrator (no will) in a similar way to an executor. However, the lawyer cannot disregard intestacy laws irrespective of the intentions of the decedent, the surviving spouse, or descendants.

A person who intends to become an estate administrator has to get renunciations from the decedent's relatives. These are statements which ascertain that the descendants have endorsed the administration of the assets to the individual.

A probate lawyer facilitates the process and files the renunciations with the court. The lawyer can also help the estate administrator with probate processes like securing assets, estate checkbook management, and determining estate taxes.

Types of Probate Lawyers

There are two general categories of probate lawyers. Transactional probate lawyers deal with the administrative aspect of probates. Probate litigators represent their clients in probate cases.

Some wills and probate lawyers handle the two sides of probates. However, it is wise to find an lawyer who specializes in the service you want.

Consult a transactional probate lawyer if the decedent passed away recently and you are looking to begin the probate process. Lawyers with experience in estate planning and trusts may be a perfect match for you.

A probate litigator can help solve a dispute regarding the will in court. The lawyer can also represent you if you are dissatisfied with the conduct of your current executor or probate lawyer. A litigator will also be suitable if you expect to face further legal battles concerning the estate.

Your lawyer should have experience in probate matters and must have represented many clients. The lawyer should know whether an action taken would infringe the laws governing a different discipline. If the estate in question is extensive, you might need a probate lawyer conversant with real estate law.

How to Find a Wills and Probate Lawyer

One of the best leads to a reliable probate lawyer is referrals from trusted people. Friends and colleagues can help you to populate a list of experienced lawyers from your region. Testimonials work best as they prove the lawyer's success in probate issues in the past.

If you can't get recommendations, perform an online search focusing on your area. It's upon you to do due diligence to single out a competent probate lawyer from the results. Look at the websites of individual law firms and contact the offices.

Once you have several prospective lawyers, begin the vetting process to select the most appropriate candidate. You can use the following criteria.

1. Qualification and Experience

Search for the biography of the potential lawyer with an emphasis on educational background and area of expertise. Aim for an lawyer with evidence of skill in probates, trusts and estates, and estate planning. You should also insist on a lawyer with a considerable period of practice.

2. Reputation and Track Record

Research in depth on the lawyer and his or her office. An online search for reviews can yield useful information. Read widely and get different opinions to avoid the influence of biased reviewers.

Study the content posted on the firm's website or blog to have a sneak peek of the lawyer's mastery of probate issues. Check if you can find any complaints and see how the lawyer has responded to them.

3. Membership in Associations

Check if the lawyer is a member of local and national associations for law professionals, especially in the probate line. Confirm that the candidate features in the bar of association and check their stand.

4. Other Certifications

Be sure that your probate lawyer is licensed to practice in your country. Further certifications are proof of extensive experience in the indicated areas of law. Focus on estates, trusts, or estate planning.

5. Retainer Agreement

Get a copy of the lawyer's retainer agreement for payment details before committing yourself to the contract. Ask for the lawyer to elaborate on all the details for you to understand the charges you should expect. This is to avoid unpleasant surprises when it's time to pay for the services. In Alberta, the Courts have established as a rule of thumb that Probate Lawyers can charge a base fee of $2250.00 plus 0.5% to 1% of the gross value of the estate for core legal services; which may vary depending on the complexity and size of the estate. There may be fees once the Order of Probate or Order of Administration is issued for non-core services such as distribution the estate, real estate transfers, follow-up correspondence with financial institutions, etc.

6. Unique Needs

Based on the circumstances surrounding your probate requirements, you may have to hire a lawyer with specialized skills. For instance, you may have to deal with parties who speak a foreign language. The lawyer should then understand the dialect.

7. Communication Skills

Some lawyers are so into law jargon that their clients get what they are saying. Don't hire someone if you can't understand them and they don't take time to explain themselves. The lawyer has to acknowledge that you are not an expert in law.

If you are a first-timer executor, you will probably want to do some of the processes by yourself to learn. You can also do this to save on the fees. A good lawyer should understand and respect that.

8. Location

Your probate lawyer does not have to be from your area. However, having the lawyer close to your residence will make it easier for you to meet.

If your estate owns properties in various jurisdictions, the lawyer should seek to have the Will sealed once Probate has been granted in the home jurisdiction then transferred to the outside jurisdiction (province) for probate in that area; this process must resonate with the laws of each province and be limited to the respective assets.

9. Conflict of interest

Do not hire a lawyer who has a conflict of interest in the probate. This may cause distrust and result in disputes and acrimony. Your role as an executor should not end up breaking family ties.

For instance, a lawyer who is also a beneficiary of the estate can look for ways to maximize his or her share. Again, even if the lawyer acts with decency, some descendants may still think there was some meddling.

10. Integrity

A lawyer needs to have values like integrity, wisdom, and skill. The job is not easy, and it doesn't rely on luck. Lawyers possess an enormous power which can be disastrous if misused.

A compromised lawyer can bend the law to favor some of the descendants. Ensure that the lawyer you are hiring is trustworthy and has no known integrity issues.

Preparing to Meet Your Potential Lawyer

After screening the list of lawyers you obtained, you can remain with three of your best match. Ensure that you have a face to face interview with each of them before getting down to business.

You have to create a relationship with the lawyer because you will be revealing sensitive information to them. The probate will involve large sums of money, and it will take some time. Therefore, you want to be comfortable with the lawyer you choose.

Some lawyers charge an upfront consultation fee while others offer free service. Be careful not to fall for unscrupulous lawyers as you chase a discount. You may have to set a budget for meeting with several candidates to get the best.

Successful lawyers are always busy, so you may have to book an appointment with them. If the lawyer you are targeting asks you to wait until a particular day, take your time.

However, you shouldn't keep waiting if the lawyer keeps on postponing the appointment. That could be an indicator that he or she won't be able to dedicate enough time to your probate. Find another one.

It is not unusual for lawyers to assign their legal assistants some of the responsibilities. You may have to work with someone else in some instances, but your lawyer should make it clear. Your relationship with them should determine if you should continue with the contract.

Interview with Your Probate Lawyer

When you meet with your candidate for the first time, be frank that you are interviewing a few others. Let them know that you don't have a deep understanding of estate planning and trusts. An experienced lawyer who has done it for years can skip the basics and go straight to complicated subjects.

There are many questions you can ask a probate lawyer depending on your situation. Below are some of the typical queries.

How long have you been practicing probate law and how many cases have you closed?
How do you charge for your services?
As an executor (or administrator), which areas of the probate can I handle without your intervention?
Our estate has offshore property. Can you carry out the probate process there? If not, can you recommend someone?
The decedent named another descendant and me as his estate co-executors, but my partner is not willing to get involved. Can I proceed anyway?
Who will prepare the decedent's final tax and estate tax returns?
How long will the probate process take, approximately?
How much do you think this probate will cost?
How much can I charge as executor of the estate

This is your opportunity to scrutinize the abilities of the lawyer. Make the best use of it. Ask all the questions you think about to have a mutual understanding with the lawyer before hiring.

Probate Lawyer - Final Thoughts

Finding a local competent probate lawyer can be tricky if you are handling estate distribution for the first time. This guide outlines the steps and tips for selecting your best fit.

Most administrative and litigation processes for probates are straightforward for lawyers. They involve routine paperwork. However, they can become complicated if someone raises a dispute, or there are many beneficiaries to consider.

People without experience in financial and legal matters can face challenges if they don't seek legal counsel. A misguided action can have serious consequences. A reputable probate lawyer can oversee the entire estate distribution process on your behalf.

Do you have any question? Just reach out to us, and we'll be happy to help.