3 Interesting Alberta Divorce Statistics

3 Interesting Alberta Divorce Statistics

3 Interesting Alberta Divorce Statistics

The Canadian Research Institute for Law and the Family (“The Institute”) authored numerous reports since its inception in 1987 – especially with respect to divorce statistics in Alberta. Data from these reports will be available from the University of Calgary Library starting 2020 after its website shuts down. We thought we would use this as an opportunity to share some interesting Alberta divorce statistics with you.

3 Interesting Divorce Statistics:

1. A recent national survey of family law lawyers conducted by the Institute concluded that average charge to clients for professional services alone (excluding disbursements) was $12,395 for individuals engaged in low-conflict family law disputes (range=$2,000 to $75,000), and $54,390 for those engaged in high-conflict disputes (range=$5,000 to $625,000). This gives you an idea of the range of how costly divorce proceedings can be – especially in highly contentious cases. This is one of the reasons we recommend you always hire divorce lawyers who aim to expeditiously resolve disputes in divorce proceedings.

Source: http://www.crilf.ca/Documents/Unbunded_Legal_Services_Report_-_Aug_2018.pdf

2. The Institute also reported that family law issues including divorce, spousal support and child support, parenting after separation, child custody access and issues and matrimonial support issues were the most predominantly legal issues discussed in the Alberta Community Legal Clinic Survey. Legal assistance on these matters accounted for approximately 46% of all legal assistance inquiries where 7,891 individuals were surveyed and 319 responded. Females were also more likely to report they were dealing with family law problems with their lawyers than men especially when it comes to spousal and child support matters, child custody and access and other divorce related issues.

Source: http://www.crilf.ca/Documents/ALF_Clinic_Survey_Year_2_-_May_2018.pdf

3. In Alberta – Legal Representation for Children and Youth (LRCY) was established on April 1, 2006 through the Office of the Child and Youth Advocate. The LRCY roster lawyers represent the rights, interests and viewpoints of their child clients and is funded by the Government of Alberta. Appointments made during 2016 amounted to 1,100 in the Province of Alberta for nearly 2000 children. It’s worth noting here that there is a great deal of importance in defining the role of the children’s lawyer for future legal proceedings.

Source: http://www.crilf.ca/Documents/Children's_Participation_in_Justice_Processes_-_Record_of_Proceedings_-_Jan_2018.pdf

Contact Verhaeghe Law Office today for legal assistance from an Alberta divorce lawyer

At Verhaeghe Law Office – we have assisted thousands of Albertans with their family law legal proceedings. Whether you need legal assistance with matrimonial property, division of assets, child access and custody, child support, spousal support, collaborative family law issues, separation agreements, family law agreements or more – we can help. Let us put our experience to work for you and start by booking a consultation with our family law team.

Call 587-410-2500 today to schedule a consultation with a divorce lawyer from Verhaeghe Law Office now.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a divorce/family lawyer from Alberta if you require legal counsel on your divorce or family law matter.

How to Request A Variation in Child Support Payments in Alberta

How to Request A Variation in Child Support Payments in Alberta

How to Request A Variation in Child Support Payments in Alberta

In Alberta – you may be eligible to apply for a variation in court-ordered child support payments under two scenarios. In the first scenario, if you are looking to apply for an increase in child support payments and are the recipient of the financial support you may apply for a variation. In the second scenario, if you are looking to decrease your child support payments and are the payor of support you may apply for a variation as well. However, not all requests are approved. We recommend you speak with a family lawyer who is experienced in dealing with child support variation orders if you are looking to process a variation in child support payments.

Circumstances Where Child Support Variation Payments May Be Approved

There are certain circumstances that the courts may consider when processing requests that deal with variations to child support payments. These circumstances include a change in any of the following:

  • Where the number of children/dependents change
  • Employment changes where the employment income has drastically altered
  • Special or extraordinary Section 7 expenses incurred for the children
  • Travel and child access costs for visits between the parties and their children

The courts may also review the payor’s ability to make current payments based on full financial disclosures and other factors if circumstances have drastically changed for the payor. We recommend you consult with a family lawyer on this topic to see if you may be eligible to request a variation in child support payments as each situation is unique from one another.

Changing a Court Order for Child Support

There are many documents involved in changing a court order for child support as indicated on the Government of Alberta’s website. For example, if both parents live in Alberta, you will be required to fill out a claim as per the Family Law Act including affidavits and other statements. There will also be a significant number of official documents that need to accompany your claim including but not limited to things like financial stubs, tax stubs, expenses and receipts, Notice of Assessments and more. Having a lawyer assist you with this also ensures that you do not miss any of the important documents that help strengthen your claim.

You can find resources and forms on the Government of Alberta’s website here.

Contact Verhaeghe Law Office today for Legal Assistance in Requesting a Variation in Child Support Payments

Call 587-410-2500 today to book a consultation with an Alberta family/divorce lawyer if you need legal assistance in requesting a variation in your child support payments. Depending on the circumstances of your claim– we may be able to assist you with processing this request. Our family lawyers/divorce lawyers have proudly served thousands of Albertans with their family law needs and are pleased to assist you with all your legal needs.

Contact our law firm today for legal assistance with requesting a variation in your court-ordered child support payments.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a divorce/family lawyer from Alberta if you require legal counsel on the requesting variations in your child support payments.

What is the Alberta Senior’s Property Tax Deferral Program?

What is the Alberta Seniors Property Tax Deferral Program

What is the Alberta Seniors Property Tax Deferral Program

In Alberta – if you are over the age of 65 you may be eligible to defer all or part of your residential property taxes (including outstanding arrears and penalties if you qualify) by acquiring a low-interest home equity loan through the Government of Alberta. By qualifying for the program – you may be eligible to have all your property taxes paid to your respective municipality on your behalf. The loan gets repaid (with interest) when your primary residence gets sold or if you are no longer eligible for the loan.

Eligibility for the Alberta Senior’s Property Tax Deferral Program

In order to qualify for this program in Alberta on your primary residence you must:

  • Be 65 years of age or older. Only one spouse needs to be 65 in order to qualify and must be registered as an owner of the property in a Land Title Office
  • Be a Canadian citizen or permanent resident of Canada
  • Be a resident of Alberta
  • Have a minimum 25% equity in your primary residence

There are also additional criteria for your property to be qualified such as:

  • Only residential properties are considered for this program and only your primary residence is eligible. If you have investment properties, summer homes, rental properties or commercial properties – those properties would not be eligible under this program. However, residential properties including mobile and manufactured homes on a residential property, residential portions of farmland and residential portions of commercial property may also qualify for the Senior’s Property Tax Deferral Program
  • The property you are applying for must be insured by an insurance company
  • There must be sufficient equity in the home (at least 25%)

We recommend you speak with an Alberta real estate lawyer to see if your property qualifies for the program. More information on the program, loan applications and loan agreements can be found on the Government of Alberta’s website under Senior’s Property Tax Deferral Resources.

Factors Affecting Your Eligibility for the Loan

There are certain factors that may prevent you from being eligible for this loan. Some of these include charges filed against your home. Examples include:

  • Bankruptcy
  • Any pending litigation against the property
  • Maintenance enforcement
  • Reverse mortgage

However, if you have these charges removed from your land title certificate before you apply for the loan – you may still be eligible to qualify for the loan. One of our lawyers may be able to assist with this task should you require assistance with this.

Loan Repayment

While monthly payments are not necessarily required for this program – you may opt to repay all or parts of your deferred taxes and interest at any time. The loan however becomes fully due once:

  • You sell your home
  • Are no longer a registered owner
  • The property or home is no longer your primary residence

Payment for the loan can be done through online banking if you bank with Alberta Treasury Branch, Bank of Montreal, Canadian Imperial Bank of Commerce, Royal Bank, Scotia Bank, Servus Credit Union or TD Canada Trust. Alternatively, you can also send cheques for payment to the Government of Alberta with your personal health number attached.

If you happen to pass away before the loan gets paid off - existing loans and eligibility to apply for future loans may continue for a surviving partner or spouse if:

  • They are 55 years or older and are a registered owner of the primary residence
  • Live(d) in the primary residence before their spouse/partner passed away
  • Continues to reside in the primary residence

Once the loan has been paid off – the caveat gets discharged from the land title certificate

Speak with an Edmonton Real Estate Lawyer If You Are Eligible for the Alberta Senior’s Property Tax Deferral Program

If you are a senior citizen and would like legal assistance with applying for and/or qualifying for the Alberta Senior’s Property Tax Deferral Program then please feel free to contact our Edmonton law firm today by dialing 587-410-2500. One of our Edmonton real estate lawyers would be pleased to assist you with you with this request.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique, and we recommend you speak with a real estate lawyer from Alberta if you require legal counsel on the Alberta Senior’s Property Tax Deferral Program

What are the Legal Standards of Child Safety?

What are the Legal Standards of Child Safety?

What are the Legal Standards of Child Safety?

Canada’s children are safer than ever, with just two deaths out of 10,000 among those aged 1-19. Much of this is to do with laws that steer parents towards safe behaviour. Since the majority of child fatalities are caused by accidents, it is important to put in preventative measures against any accidental injury. The law can be confusing, however. While some actions are mandated by a legal code which is clear and concrete, others are left deliberately vague and rely on the intuition of parents and guardians. This offers a perfect mix sensible rules and flexibility based on what lawmakers know from the evidence gathered.

Concrete Laws to Follow

There are certain laws which all parents must follow. They are based on the results of empirical research into what level of safety standards is suitable. For instance, a person cannot buy alcohol until they are 18 or 19, depending on your province. Meanwhile, a child cannot learn to drive until he or she reaches the age of 16. It is important as a parent to learn these concrete laws as soon as possible and abide by them to ensure the safety of your child.

Taking Responsibility: Know Your Child

There are, conversely, laws which are deliberately vague. For instance, there is no legal age at which a child can be left alone at home. This means that you are given the right to make a decision based on your understanding of your children. If your property is completely child safe and your son or daughter mature, then you may be comfortable leaving an 8 year old at home alone for a couple of hours.

However, if an accident does happen, then some provinces will consider this to be a form of neglect if the child is aged below 10 or 12. In this instance, it is not illegal to leave your child home alone, but you will be responsible for any injuries that occur. You should therefore ensure that you educate your children on safe behaviour and install safety features, so that you can confidently leave them on their own.

It can be hard for parents to know exactly how strict their safety precautions should be. Children mature at different rates and this is reflected in the Canadian law making process. Learn the difference between hard laws which cannot be compromised on and areas in which you are given both the freedom and responsibility to make an informed decision.

What is The Difference Between A Will, Power of Attorney and Personal Directive in Alberta?

What is the difference between a will, power of attorney and personal directive in Alberta?

What is the difference between a will, power of attorney and personal directive in Alberta?

At Verhaeghe Law Office – our full-service law firm has helped clients through every stage of their estate planning and will execution process. This includes but is not limited to consultations, estate planning, estate settlements, probate services, executor assistance, wills, powers of attorney, personal directives and more. We aim to help our clients reach a fair and equitable distribution of their estate.

Often times, we’ve been asked what the difference is between a Will, a Power of Attorney and a Personal Directive in Alberta. For your convenience we have outlined the differences between each. Please note that each legal situation is unique from one another – and this article is not intended to act as legal advice. We recommend you speak directly with an Edmonton wills and estates lawyer if you require specific legal advice regarding your Will, Power of Attorney or Personal Directive.

What is a Will?

In Alberta, a will is a legal document that allow you to instruct how your property will be distributed after your death. It outlines who your personal representative will be and this person will be legally liable for representing your estate after your death and carry out your last outlined wishes. A will also allows you to name a guardian for any minor children at the time of your death. The benefits of a will are that it may alleviate stress from your family and loved ones during their time of grief and also ensures your last wishes are fulfilled. We recommend you hire a lawyer to draft your will. If you die without a will, the Wills and Successions Act will set out how and to whom property will be distributed after your death. To avoid confusion or fall outs after your passing – we recommend you prepare your will at your earliest opportunity.

What is a Power of Attorney?

A power of attorney is a legal document that allows an appointed individual to make major decisions on your behalf when it comes to your finances, estate matters and health (if you are still alive). There are various types of powers of attorneys and a wills and estates lawyer can help you select the right type of power of attorney depending on your needs and requests. Selecting a power of attorney should be well thought out and we recommend you select someone whom you trust implicitly. Additionally, you should speak with them beforehand to make sure they agree to be your power of attorney as well.

What is a Personal Directive?

A personal directive is a legal document that you write in case you can’t make your own personal decisions in the future. A personal directive will name a person you’ve selected to make decisions on your behalf and comes into effect when it’s been determined that you lack the capacity to make decisions on your own. It is completely optional and voluntary and written instructions are required in case something happens to you. We recommend hiring a lawyer to draft your personal directive if this is something you wish to pursue – that way your lawyer can ensure your instructions are written out in a manner that creates minimal confusion and also covers things that you may not have thought of on your own.

Contact our Edmonton Wills and Estates Lawyers Today

If you have more questions or require legal assistance regarding your will, power of attorney or personal directive in Alberta – contact our law firm now to book a consultation and speak with an Alberta wills and estates lawyer. Our wills and estates lawyers have assisted thousands of Albertans with their legal needs and our team is on standby now to book your consultation. With offices in Whitecourt, Edmonton and Athabasca – we’re ready to put our legal experience to work for you.

Call 587-410-2500 today to book your consultation now.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a wills and estates lawyer from Alberta if you have a question pertaining wills, power of attorneys or personal directives in Alberta or require legal assistance.

What is an Uncontested Divorce in Alberta?

What is an Uncontested Divorce in Alberta?

What is an Uncontested Divorce in Alberta?

In Alberta – an uncontested divorce is defined as a desk order divorce where neither party refutes or contests the divorce. An uncontested divorce means you and your spouse are in mutual agreement to a set of proposed terms of the divorce. The proposed terms are legally considered free and fair and that there was no undue pressure put on any party while the agreement was being made. At the minimum both parties agree on the grounds for the breakdown of marriage, child custody matters, spousal support matters and division of property matters. Additionally, you do not have to appear before a judge to process your divorce. A judge will review the agreement and grant divorce in what is called a desk divorce. An uncontested divorce is a very seamless way to process a divorce so long as both parties are amicable and agree to make it as swift and seamless as possible.

While most divorces present unique circumstances – we recommend you speak with an Alberta divorce lawyer to see if you meet the standard requirements for an un-contested divorce. Even with uncontested divorces we recommend you hire a lawyer to ensure the legal rights of both parties are protected.

You may qualify for uncontested divorce in Alberta if you and your spouse:

  • have lived separately for the last 12 months;
  • agree to all matters concerning property, assets and debts;
  • are in agreement with spousal support if it is relevant;
  • are in agreement with custody, access and child support if applicable; and
  • one of you have lived in Alberta for the past twelve months.

The Pros and Cons of An Uncontested Divorce

Most uncontested divorces allow both parties to terminate their marriage with quietly, swiftly and with dignity. Another benefit is that it costs significantly less to pursue this route as opposed to lengthy drawn out divorce proceedings. Because the chances for conflict is already low – uncontested divorces allow each party to keep most of their money in their pockets.

On the other hand – uncontested divorces are never recommended if either party are not able to resolve issues amicably or without fighting. In other cases, if one party is known to be more manipulative than the other party then we recommend you do not pursue this route and hire a divorce lawyer to ensure your rights are protected.

Speak with an Edmonton Divorce Lawyer Regarding your Uncontested Divorce

Contact our law firm today by dialing 587-410-2500 and book a consultation with a member of our legal team if you need legal assistance regarding your uncontested divorce. Our legal team has assisted thousands of Albertans with their divorce proceedings no matter how contentious or amicable the divorce proceedings were. Don’t delay and call our office today and let us help you with your divorce’s legal needs.

Call an Alberta divorce lawyer now at 587-410-2500 .

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a divorce lawyer from Alberta if you have a question pertaining to joint divorces in Alberta or require legal assistance.

Things To Consider When Preparing A Power of Attorney

Things to consider when preparing a Power of Attorney

Things to consider when preparing a Power of Attorney

A Power of Attorney (“POA”) in Alberta allow someone else to act on your behalf who has been appointed to act on your behalf. In Alberta – POA’s are legal documents and the individual named to act as a Power of Attorney is liable for the actions they have been instructed to carry out.

Types of Power of Attorneys in Alberta

There are various types of POAs in Alberta. Each situation is unique though and we recommend you speak with an Alberta wills and estates lawyer to see which type of POA is best suited for your legal situation. Contact our law office if you need assistance with your POA by dialing 587-410-2500.

  1. General Power of Attorney: This type of POA generally has minimal restrictions and allows the appointed POA to make a wide range of decision on your behalf. While this type of POA has minimal restrictions – there are restrictions that prohibit your POA from doing certain things
  2. Enduring Power of Attorney: This type of POA allows an individual to take over financial decisions on your behalf while you are still alive. For example, if you are mentally incapable of making decisions or are in a coma. It is different than other POAs
  3. Specific Power of Attorney: A Specific Power of Attorney lists out what a person is authorized to make decisions on. A lawyer would recommend you use this type of POA if there are only certain things you need someone to make a decision on, as opposed to wide ranging powers.
  4. Durable Power of Attorney: This type of POA does not come into effect until a person has lost their capacity or ability to make decisions. While this type of POA is very similar to an Enduring POA – the legal language and abilities of both these types of POA make them very different. Speak with a lawyer to see which one is most suitable for your situation.

What are the benefits of a Power of Attorney?

There are many advantages of having a POA to handle your estate affairs. We recommend that you spend a great deal of time selecting someone whom you trust implicitly. This person should be someone who will have the best interests of you and your estate as a priority when making decisions on your behalf. Here is a list of things a POA can handle on your behalf. While this list is not exhaustive – we recommend you consult with a wills and estates lawyer for more specific legal advice.

Things a POA Can Handle On Your Behalf:

  • manage your financial assets
  • manage other physical assets such as vehicles, furniture, jewelry, arts, antiques, etc.
  • manage non-physical assets such as bank accounts, stocks, mutual funds, bonds, cash, other investments and pension benefits
  • submitting tax returns, paying bills, renewing or changing investments, paying your medical bills, taxes and other outstanding financial obligations
  • hire services to help you such as lawyers, accountants and others
  • pay costs for personal decisions made under your personal directives
  • deal with your business interests or investments
  • Make medical decisions on your behalf
  • And more

Things to Consider When Selecting a Power Of Attorney

When selecting a POA – make sure that you trust that person implicitly. We recommend the POA you choose has experience in handling estates and assets. The person should also agree to act on your behalf – so we recommend you speak with them before you appoint them as a POA.

Contact Our Edmonton Wills and Estates Lawyers Today

Verhaeghe Law Office has physical offices in Whitecourt, Athabasca and Edmonton allowing our lawyers to service clients from different parts of Alberta. If you require legal assistance from an Alberta wills and estates lawyer – contact our law firm today by dialing 587-410-2500 today. Our wills and estates lawyers are on standby and would be pleased to assist you with your legal needs.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a wills and estates lawyer from Alberta if you need legal assistance regarding a wills and estate matter.

The Top 3 High Net-Worth Divorce Settlements in History

The Top High Net-Worth Divorces In History

The Top High Net-Worth Divorces In History

While the topic of divorce is generally a negative one – we thought we would take a moment to list three of the most expensive known divorce settlements in history. In some cases the divorce settlements are sealed so we won’t know the exact terms of the divorce – so we’ve only listed the ones that are public below. What’s interesting about high-net worth divorces is how both parties come to an agreement on the settlement amount. This process is generally fraught with highly charged emotions, extensive valuation processes and a lot of legal proceedings where legal advice can be very complex.

Read more on these high net-worth divorces below.

  1. Billionaire Jeff Bezos and now ex-wife MacKenzie - $4 billion dollars
    With Amazon currently being ranked one of the most highly valued companies in the world it comes as no surprise that the divorce settlement between Jeff Bezos and his then wife MacKenzie would be accompanied by a lot of money. In fact, Jeff Bezos was reported to give MacKenzie a 4% stake in the company which amounts to approximately $4 billion dollars as part of their pending divorce.
  2. Alec Wildenstein and Jocelyn Wildenstein - $3.8 billion dollars
    In 1999 – the costliest divorce settlement between American businessman and art dealer Alec Wildenstein and then wife Jocelyn amounted to $3.8 billion dollars. While this settlement is definitely one of the largest we’ve heard of – it was reported in 2018 by money.com that Jocelyn had filed for Chapter 11 Bankruptcy in the United States and was now collecting social security payments of $900/month after she burned through billions of dollars.
  3. Rupert Murdoch and Maria Torv - $1.7 billion dollars
    Rupert Murdoch is a well-known media mogul and was married to Maria Torv for 31 years. While their high-profile divorce was known to be relatively amicable – Maria wass reported to have received $1.7 billion dollars from the divorce settlement. Once the divorce was finalized – Rupert Murdoch then went on to marry Wendi Deng 17 days after the divorce while Maria married William Mann six months later.

Are you looking for assistance with your high net-worth divorce?

Contact our Edmonton divorce lawyers today

If you require legal assistance from an Edmonton divorce lawyer contact Verhaeghe Law Office today. We have experience in dealing with high net-worth divorces and aim to handle our client’s divorce proceedings as amicable as possible for both parties. We can easily serve clients from any of our offices – all located in Whitecourt, Athabasca and Edmonton. Our legal team have helped thousands of Albertans with their divorce related legal matters and are ready to work for you.

Call 587-410-2500 today to book your consultation now.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a divorce lawyer from Alberta if you have a question pertaining to joint divorces in Alberta or require legal assistance.

How Can A Lawyer Help Me With My Estate Administration Matters?

How Can A Lawyer Help Me With My Estate Administration Matters?

How Can A Lawyer Help Me With My Estate Administration Matters?

Verhaeghe Law Office has assisted clients across Alberta with their Last Will & Testament as well as estate administration needs since the firm’s inception. Our Edmonton wills and estates lawyers are happy to assist Albertans with their legal needs as they pertain to estate administration matters. Call 587-410-2500 today to schedule a consultation with a wills and estates lawyer today. We recommend that you do not delay in contacting a lawyer on this topic to ensure you spare your loved one’s grief later down the road. Call Verhaeghe Law Office today as our team is on stand-by to assist you.

What is Estate Administration?

We recently wrote an article on what is estate administration which dives deeper into this topic. In a nutshell, the Estate Administration Act of Alberta governs estate administration matters and a lawyer can help ensure that the estate is administered legally. Most estate administration matters start with a process called probate where the estate executor applies to have the deceased persons’ last will and testament proven as valid as well as confirming the executor’s authority to administer the estate. Some of the things that may be required to administer an estate include but are not limited to funeral arrangements, identifying all property and assets as well as their beneficiaries and distribution of same as well as handling outstanding debts, payment and more.

How can a Wills & Estates Lawyer from Alberta Help Me?

Commencing with probate as well as the administering of the estate – a lawyer can help on a variety of matters. A lawyer can assist with obtaining court approval of the administration of the estate, preparing accounts (including estate accounts, guardianship account, etc.) for court and all other aspects in the estate administration process.

In instances where there was no will provided – a lawyer can also assist in various legal aspects of estate administration in addition to providing reliable legal guidance on administering high value and complex estates. Additional examples of how a lawyer can help include advice on investing trust funds and distribution of trust funds, moving trusts to different jurisdictions, paying off debts, distribution of assets to beneficiaries, closing down the trust or estate and more. Contact our law firm today to see how we can help on your estate administration matters.

Schedule a legal consultation with our Edmonton Wills & Estate Lawyers Now

While we have offices in Athabasca, Whitecourt and Edmonton – we can represent clients from surrounding areas with all their estate administration needs. Call 587-410-2500 today and schedule a legal consultation with our legal team regarding your estate administration needs. Spare your loved ones the opportunity for conflict down the road and finalize your estate administration needs with an Edmonton wills and estates lawyer sooner than later.

Disclaimer: Please note this article is intended to act as a general overview on a topic and does not constitute legal advice. Each situation requiring legal advice is unique and we recommend speaking with a wills and estates lawyer from Alberta for your estate administration needs.

What Is A Joint Divorce in Alberta & How Does It Work?

What is a Joint Divorce in Alberta and How Does It Work?

What Is A Joint Divorce in Alberta & How Does It Work?

At Verhaeghe Law Office our Alberta divorce lawyers have worked on numerous joint divorces since the firm’s inception. If you and your significant other are looking to end your marriage and believe you can come to amicable terms on your own – we recommend you contact our law firm to help process your joint divorce application. Contact our law firm today and speak directly with a member of our family law legal team for more information. In the meanwhile, here is a general overview of what constitutes a joint divorce.

What Is A Joint Divorce?

A joint divorce is referred to as a divorce that ends amicably where both parties agree on most matters pertaining to their divorce with minimal or no conflict. In a joint divorce – couples co-operate with each other to come to amicable solutions regarding their divorce and both parties complete and execute all the legal paperwork together.

How Does A Joint Divorce Work?

As amicable as your future divorce may be – it’s always wise to have a lawyer assist you with the legalities surrounding a joint divorce. Most often, joint divorces have minimal conflict between parties. Therefore, one of the benefits of a joint divorce would be the fact that these types of divorces typically cost far less than what divorces would when both parties are riddled with conflict on the matter.

In order to qualify for a joint divorce in Alberta one of the parties must be a resident of Alberta for at least one year before filing the Joint Statement of Claim for Divorce. Additionally, there may be a requirement where both parties need to have lived separate for at least a year prior to the divorce judgement (although if financial circumstances dictate that both parties need to live together prior to the divorce order being issued – you may be able to have this requirement challenged).

In certain circumstances where cruelty or infidelity is the grounds for divorce – the parties may need to use an alternative route where they file for an uncontested divorce as opposed to a joint divorce.

What Does A Divorce Lawyer in Alberta Need For A Joint Divorce?

You will need to provide your lawyer with a copy of the original marriage certificate if the marriage occurred in Canada. If the marriage occurred outside of the country, you will be expected to provide details and proof of marriage outside the country.

We recommend you also consult on the following topics with your significant other regarding your joint divorce:

  • Parenting plan: If children are in the picture – make sure you have come to agreement on child custody arrangements including joint custody options, visitation schedules, financial obligations for the children, education costs, medical and dental expenses, expenses for extra curricular activities, childcare, etc.
  • Spousal support: If spousal support is required, try and come to a consensus on how this will all play out and whether or not one party will be required to give financial assistance to the other party for a fixed period of time.
  • Property division: Discuss how the property should be distributed including personal property, assets, pension, bank accounts including savings, debts, pension and other financial investments. Pets are also considered property so make sure you discuss who gets the pets. You may want to seek legal advice on this topic as well prior to having discussion with your significant other.

Contact our Edmonton divorce lawyers today

If you require the assistance of an Edmonton divorce lawyer contact Verhaeghe Law Office today. Our legal team is on stand-by and we are ready to help you navigate the legal complexities of your divorce. While we have offices in Athabasca, Whitecourt and Edmonton – we can represent clients in the surrounding vicinity.

Call 587-410-2500 today to book your consultation now.

Disclaimer: Please note the advice contained in this article does not constitute legal advice and is only intended to act as a general overview on the topic at hand. Each legal situation is unique and we recommend you speak with a divorce lawyer from Alberta if you have a question pertaining to joint divorces in Alberta or require legal assistance.