Frequently Asked Questions
Find the Answers You Need
Verhaeghe Law Office has dedicated years of service to clarifying the law in all practice areas. We serve businesses, individuals, families, government sectors and industries, protecting your rights and freedoms aggressively. The following is a list of answers to the broad questions we are most frequently asked:
Q: What information do you need to draft my will?
When you work with our Edmonton wills and estates lawyers, we will need the names and contact details of your named executors/guardians, beneficiaries, an overivew of your assets, and any specific gifts or charitable plans you wish to establish.
Q: What is an executor/personal representative?
An executor (also called a personal representative in Alberta) is the person you appoint to manage your estate after you pass. They will gather your assets, pay debts and taxes, and distribute to beneficiaries.
Q: Can a handwritten or online will work?
It depends. Formalities are very important when it comes to will-making. Making sure your will is properly signed and witnessed can reduce the risk of disputes or delays. Handwriting your will or creating one online without legal guidance may result in an incomplete document.
Q: How often should I update my will?
You should review and update your will after any major life events, such as marriage, separation, childbirth, or real estate purchases. You might also review it every few years to confirm beneficiaries and executors.
Q: What happens if I die without a will in Edmonton?
If you don’t create a will before you pass, Alberta’s intestacy rules decide who inherits. This process may not match your wishes and can add time and cost to the process.
Q: Why choose Verhaeghe Law for uncontested divorce?
At Verhaeghe Law, we streamline forms, ensure your agreement is complete and enforceable, and move your file forward efficiently.
Q: Do we need separate lawyers?
Each spouse should obtain independent legal advice before finalizing an agreement, even if the divorce is uncontested.
Q: What documents do we need for an uncontested divorce?
Typically, you will need to present your marriage certificate, separation date, signed agreement or minutes of settlement, child support details (if applicable), and all standard divorce forms. Our Edmonton divorce lawyers can help you assemble your documentation efficiently and correctly.
Q: Do we have to attend court if we get an uncontested divorce?
Usually not. Most uncontested divorces are paper or desk applications. A judge will review the file and issue a Divorce Judgment without parties present.
Q: What is an uncontested divorce?
An uncontested divorce is a divorce where both spouses agree on key issues (such as parenting, support, or property division) and the court is asked to grant the divorce without a trial.
Q: How are trusts taxed?
Trusts have specific tax rules, filing requirements, and potential 21-year deemed disposition rules. At Verhaeghe Law, our trusts lawyers coordinate with tax advisors to find the right structure for your circumstances.
Q: Who should be a trustee?
You should consider appointing a trustworthy, organized person or professional who can manage investments, taxes, and reporting, and reliable follow the terms of the trust.
Q: What’s the difference between inter vivos and testamentary trusts?
Inter vivos trusts are created during your lifetime and come into effect during that time. Testamentary trusts are created in your will and only start after you pass away.
Q: Why should I set up a trust in Alberta?
Common reasons that people set up trusts include supporting minor or disabled beneficiaries, protecting assets, controlling timing of distributions, or planning for business succession.
Q: What is a trust?
A trust is a legal arrangement where a trustee holds and manages assets for beneficiaries under written terms outlined by the will-maker.
Q: What disclosure is required for spousal support?
Typically, both parties will need to disclose their income documents (tax returns/T4s), budgets, and assets owned. Your spousal support lawyer can ensure that you complete full disclosure during the separation process.
Q: Can spousal support be changed later?
Yes, if there’s a material change in circumstances, such as an income shift, retirement, or health changes. In such cases, agreements or court orders can be varied.
Q: Is spousal support taxable in Alberta?
Periodic support from a court order or written agreement may be taxable to the recipient and deductible to the payer. It is best to confirm current CRA rules with your accountant and lawyer.
Q: How are amount and duration decided?
Courts and negotiators often consult the Spousal Support Advisory Guidelines (SSAGs) as a reference. The final outcome will depend on your circumstances and any agreements previously put in place.
Q: Who can receive spousal support in Alberta?
Married spouses and adult interdependent partners (common law partners) may be eligible, depending on factors like length of relationship, roles, income, and care of children.
Q: Why choose Verhaeghe Law for slip and fall claims?
At Verhaeghe Law, we focus on early evidence collection, medical documentation, and a practical settlement strategy tailored to your recovery.
Q: What should I do right after a fall?
Report it, take photos, get witness names, seek medical attention, keep receipts, and note what footwear you had and weather/lighting conditions.
Q: What if I was partially at fault for the fall?
You may still be able to recover some compensation, even if you were partly at fault for the accident. In Alberta, fault can be shared and your recovery may be reduced by your share.
Q: Is the owner or tenant responsible for a slip and fall?
Either or both can be held liable. Occupiers can include owners, tenants, and property managers repsonsible for maintenance, depending on the circumstances.
Q: Do I have a valid slip and fall claim?
Possibly, if unsafe conditions (like ice, spills, or poor maintenance) caused your injury and the property owner/occupier didn’t take reasonable steps to keep the area safe.
Q: How long does a closing take?
Typical resale closings run 2-4 weeks after conditions, although this timeline depends on lender timing and document readiness. New-builds can vary with construction schedules.
Q: Why choose Verhaeghe Law for your real estate needs?
At Verhaeghe Law, we keep files moving with clear checklists, early issue-spotting, and steady updates so there are no surprises on possession day.
Q: Can you help with title problems?
Yes. We address registration errors, expired caveats, missing discharges, and use title insurance or corrective registrations where appropriate.
Q: What closing costs should I expect in Alberta?
You may have to pay legal fees, Land Titles fees, title insurance or RPR compliance, tax adjustments, condo estoppel (if applicable), and courier/registration charges. A lawyer can lay out the closing costs you can expect during your deal.
Q: Do I need a real estate lawyer for a cash deal?
Yes. Even without a mortgage, you’ll want title searches, proper transfers, tax adjustments, and registration handled by a professional.
Q: Why choose Verhaeghe Law for your purchasing or selling process?
At Verhaeghe Law, our real estate lawyers in Edmonton focus on proactive communication with your lender, realtor, and the other lawyer so your file stays organized and possession day is smooth.
Q: What is the difference between a holdback and an adjustment?
Adjustments true-up items like taxes or condo fees to the possession date. A holdback temporarily withholds funds to cover a specific risk (e.g., missing compliance) until it’s fixed.
Q: Do I need a lawyer if I’m using title insurance?
Yes. Title insurance in Alberta doesn’t replace legal advice or closing documents. It is often useful alongside legal due diligence.
Q: How can our lawyers help with a sale?
Our Edmonton lawyers will review payout statements, order tax/utility adjustments, prepare transfer documents, clear mortgages and registrations as needed, and deliver net sale proceeds to you securely.
Q: How can our lawyers help with a purchase?
Our Edmonton lawyers will review your contract, check title and off-title searches, confirm mortgage instructions, explain closing costs, address risks, and complete closing so you get your keys on time.
Q: Why should you work with our Edmonton property division lawyers?
At Verhaeghe Law, we focus on clear disclosure, identifying practical options, and tax-friendly solutions that will help you move forward with confidence.
Q: Do we have to go to court to divide property?
Not necessarily. Many couples settle how their assets will be divided through direct negotiation, mediation, or arbitration. Court is available where disputes cannot be resolved, as needed.
Q: How is property valued during the division process in Edmonton?
Our lawyers at Verhaeghe Law will gather statements, appraisals, and business/accounting records to establish values close to the vision date or as agreed.
Q: What counts as excluded property?
Often, pre-relationship assets and certain gifts/inheritances are kept separate from matrimonial property. However, the increase in value of these assets might still be shared. A property division lawyer can advise you on your rights and obligations.
Q: What is “matrimonial/family” property in Alberta?
Generally, matrimonial or family property is considered to be the assets and debts acquired by either party during a relationship, plus the growth in value of certain assets owned before the relationship. Certain assets may be subject to exclusion or adjustment.
Q: How much does probate cost?
In Alberta, court filing fees and legal fees apply to the probate process, depending on the size of the estate. Our Edmonton probate lawyers can explain costs upfront based on the estate’s complexity.
Q: What documents are needed to apply for probate?
To apply for probate, you will typically need the original will and any codicils, the death certificate, an asset/debt list with values, notices to beneficiaries, and any prescribed court forms, filled out correctly.
Q: Do all estates need probate?
No. Small estates with only certain accounts may be administered without probate. Real estate and larger assets often require probate before banks or the Alberta Land Titles office will take action.
Q: How long does probate take in Alberta?
it depends on how complete the paperwork is, court processing times, and whether the will is contested. Straightforward files often take several weeks to a few months to receive a Grant of Probate.
Q: What is probate?
Probate is a court process that confirms that a will is valid. It authorizes the named personal representative (the executor) to deal with the estate as set out in the will.
Q: Why use a lawyer for a POA?
A lawyer can be useful for ensuring clear wording, proper signing and witnessing, banking acceptance, and that it fits with your will and personal directive. This can help disputes from arising in the future, better preserving your wishes.
Q: Who should I choose as my attorney?
You may consider choosing someone who is organized, trustworthy, understands your finances, and will act in your best interests. People often choose their spouse, adult child, or close friend as their attorney.
Q: When does a POA take effect?
It can take effect immediately after you sign it or only if you lose capacity in the future, depending on how it’s drafted.
Q: What is an “Enduring” Power of Attorney?
A POA that continues to be valid if you lose mental capacity later. Most people choose an enduring POA as part of their estate planning process.
Q: What is a Power of Attorney (POA)?
A Power of Attorney (POA) is a legal document where you name someone to manage your financial and property matters. it does not cover personal or health decisions.
Q: How long do personal injury claims take to resolve?
The length of time a personal injury claim takes will vary based on your medical recovery, investigations, and negotiations. Many claims settle without going to trial once your injuries are reasonably understood. Some may go to court and require litigation when the initial settlement offer is not fair.
Q: What if I was partly at fault for the accident/injury?
You may still recover compensation. In Alberta, fault can be shared and your recovery may be reduced by your percentage of responsibility.
Q: Do I have to talk to the insurance company right away?
Although you must report your incident promptly, you should get legal advice before you give any detailed statements or sign any forms.
Q: What compensation can I claim in a personal injury claim?
Typically, you may pursue compensation for pain and suffering, income loss, medical and rehabilitation costs, out-of-pocket expenses, and in some cases, future care or loss of earning capacity. An Edmonton personal injury lawyer can assess the details of your case and advise you on what damages you may be eligible for.
Q: What counts as a personal injury claim in Alberta?
Any injury caused by another person’s negligence may be eligible for a personal injury claim. These include injuries from car accidents, slips and falls, unsafe premises, dog bites, and other incidents where someone else is legally responsible.
Q: What goes into a good parenting plan?
Every parenting plan will be different depending on the family. However, some frequently addressed topics include clear schedules, exchange protocols, decision-making responsibility, travel rules, notice for changes to a plan, dispute-resolution steps, and how you’ll share information from schools and doctors. An experienced lawyer can make sure you don’t miss anything important.
Q: Do we have to use the court to create a parenting plan?
No. Many families use mediation, a parenting coordinator, or collaborative family law to build a workable, child-focused plan. At Verhaeghe Law, our parenting plan lawyers can help you and a co-parent negotiate effectively to create a plan without going to court.
Q: Can we change a parenting plan later?
Yes. If circumstances change (new job, school, health), you can revise by agreement or ask the court to vary an order, depending on whether you and the other parent can agree on the changes.
Q: Do we need a court order if we have a parenting plan?
Not always. Many families sign an agreement first relating to their parenting plan. Turning it into a consent order can help with clarity and enforcement if issues come up later.
Q: What is a parenting plan?
A parenting plan is a written agreement that sets out where the children live, how decisions are made, and how day-to-day schedules, holidays, travel, and communication work.
Q: How long do LTD benefits last?
It depends on the policy. Some end at a certain age (often 65) or if you no longer meet the disability definition. Insurers will review claims periodically to assess whether your eligibility has elapsed.
Q: Can I work part-time and still get LTD?
Some policies allow partial or rehabilitative benefits while you work part-time. It depends on the wording of your specific policy and your earnings. It is recommended that you seek legal advice before changing your work status.
Q: My benefits were denied or cut off. What should I do first?
Read the denial letter you receive from the insurer carefully, note any deadlines, request your full claim file, and speak with a lawyer as soon as possible about next steps before submitting any further. Depending on your circumstances, you may want to file an appeal, a tort claim, or both.
Q: What’s the difference between “own occupation” and “any occupation”?
For many policies, the first phase asks whether you can do your own job. After a period (often around two periods), the test may change to whether you can do any suitable job based on your background and limitations.
Q: What is long-term disability insurance in Edmonton?
LTD provides income replacement when an illness or injury prevents you from working beyond a short-term period. Coverage may be available through work or a privately-purchased policy.
Q: What should I look for in a franchise agreement?
You may look for key points like fees, territory, renewal and termination rights, required purchases, branding rules, dispute-resolution clauses, and financial performance information.
Q: Why choose Verhaeghe Law for franchise matters?
At Verhaeghe Law, our team focuses on plain-language advice, risk spotting, and practical negotiation points so you can make an informed decision before you sign.
Q: Can I negotiate franchise terms?
Sometimes. Franchisors are protective of their systems, but limited changes (such as territory or timelines) may be possible depending on the brand and context. An Edmonton franchise lawyer can help you negotiate terms.
Q: What is a Franchise Disclosure Document (FDD)?
It’s a package of information that a franchisor gives you before you sign or pay. An FDD helps you assess the business, fees, and risks before you make a commitment.
Q: What is franchise law?
Franchise law deals with buying, selling, and operating a franchise. It covers everything from disclosure documents to the franchise agreement and day-to-day relationships between franchisor and franchisee.
Q: How is property divided between spouses after separation?
Generally, the starting point for dividing property is to identify what is considered matrimonial/family property and what might be excluded. Then it’s about valuing assets and debts and working toward a fair division.
Q: What documents should I gather before meeting a family lawyer?
Income documents, like T4s or tax returns, recent pay stubs, a list of your assets and debts, any existing agreements or orders, and a brief timeline of key events can all be helpful when you meet with a family lawyer.
Q: How do courts decide parenting time and decision-making?
The focus is on the child’s best interests. Things like stability, safety, and each parent’s ability to meet the child’s needs. There’s no automatic “50/50”; plans are tailored to the child.
Q: What is family law?
Family law refers to issues surrounding separation, divorce, parenting time, decision-making responsibility for children, child support, spousal support, division of property, and any other topics relating to the family unit.
Q: Do I have to go to court to resolve my family law matter?
Not always. Many families use negotiation, mediation, or arbitration instead. Court is there for urgent issues, safety concerns, or when agreements can’t be reached.
Q: What should I bring to a first meeting about an estate dispute?
You should consider bringing any wills or codicils, probate papers, financial information, a timeline of events, and key communications relating to your dispute (such as emails, texts, or letters).
Q: Is court the only way to resolve an estate dispute?
No. Many matters can be settled through negotiation or mediation, which can reduce legal costs and stress. However, court remains an option if safety, urgency, or the complexity of legal issues require it.
Q: Can a will be challenged in Alberta?
Yes. Typical reasons given for disputing a will is the person’s capacity when the will was signed, whether they were pressured, or whether the will was properly signed and witnessed according to Alberta law.
Q: When do estate disputes usually come up?
Common triggers of estate disputes include a last-minute will, unclear wording in a will, unequal gifts between siblings, concern about undue influence, or questions about the personal representative’s decisions.
Q: What is estate litigation?
Estate litigation occurs when any dispute about a will or estate arises. For example, conflict over the validity of a will, what it means, who should act as personal representative, or whether a dependant needs additional support can all incite estate litigation.
Q: What are my duties as a personal representative (executor)?
Typical duties of an executor include: securing real estate and valuables, locating the will, listing assets and debts, notifying beneficiaries and creditors, paying taxes and valid claims, keeping records, and distributing according to the will, or Alberta’s intestacy rules if there is no will.
Q: How long does estate administration take in Alberta?
Straightforward estates often take several months from start to final distribution. However, timing will depend on the amount and type of assets involved, whether a court Grant is needed, tax filings, and whether there are beneficiary concerns or claims made.
Q: What’s the difference between probate and estate administration?
Probate is a court-supervised process where a will is validated and an executor is formally appointed after the will-maker passes away. Estate administration is the broader, complete process of managing and settling all of the deceased’s affairs. Estate administration may or may not include probate as one step.
Q: How can our estate administration lawyers help clients in Edmonton?
At Verhaeghe Law, we help you map the steps of administration, prepare court forms, communicate with banks and beneficiaries, deal with taxes and debts, and keep a clean accounting record. We also flag risks (for example, refusing funds too early) and help avoid disputes.
Q: What is estate administration?
Estate administration is the process of gathering a person’s assets after death, paying debts and taxes, and distributing what’s left to beneficiaries. In Alberta, this handled by a “personal representative’ (often called an executor).
Q: What counts as family violence in Alberta?
Family violence can include physical harm, threats, stalking, forced confinement, or property damage. It might also include controlling behaviour that causes you to fear for your safety.
Q: How long does an Emergency Protect Order Last in Edmonton?
An EPO is temporary. It will be reviewed by a Court of King’s Bench justice within 9 working days to decide whether to confirm, change, or cancel it.
Q: How quickly can an Emergency Protection Order be issued?
EPOs can be granted the same day, often within hours, if there’s evidence of immediate danger. Judeges can issue them at any time, including weekends.
Q: Who can apply for an EPO?
You can apply for an Emergency Protection Order if you’re experiencing family violence from a family member or intimate partner. The police, RCMP, or a lawyer can help you apply 24/7 through the Court of King’s Bench or Alberta Court of Justice.
Q: What is an Emergency Protection Order (EPO)?
An EPO is a court order that offers immediate protection from family violence. It can restrict contact, require an abuser to leave the home, and allow police involvement under Alberta’s Protection Against Family Violence Act.
Q: Do I need a lawyer for a divorce in Alberta?
While you can apply for a divorce yourself, a lawyer helps ensure paperwork is complete, rights are protected, and settlements are enforceable. This can prevent costly mistakes from happening, future disputes, and decrease the amount of time it takes.
Q: Can we still divorce if we live under the same roof?
Yes. You can be “separated” even if you share a home, as long as you live separate lives. For example, shared finances, relationships, or newly acquired property may affect eligibility. You may need to provide an affidavit to prove separation in these cases.
Q: Do both spouses need to agree to the divorce?
No. Only one spouse needs to start the divorce application for it to proceed. The other spouse is given a chance to respond, but the divorce can proceed even without their agreement if legal requirements are met.
Q: How long does it take to get a divorce in Alberta?
Uncontested divorces can take just a few months once paperwork is filed. Contested cases usually take longer, depending on court schedules and the issues involved, such as parenting or property division.
Q: What are the grounds for divorce in Alberta?
Under the Divorce Act, the main ground for divorce is marriage breakdown. This can be shown by living separately for one year, adultery, or cruelty. Most Alberta divorces rely on one year of separation to move forward.
Q: Can decision-making responsibility be changed later?
Yes. Either parent can apply to vary a court order or agreement if their circumstances have changed materially (significantly). A lawyer can help you craft an application and communicate with the other parent or the court.
Q: Does decision-making responsibility affect parenting time?
Not directly. Decision-making responsibility covers major life choices, while parenting time concerns day-to-day care and where the child lives regularly.
Q: Can parents share decision-making responsibility?
Yes. Many families share joint decision-making responsibility, meaning both parents must consult on major decisions. Courts might also assign specific areas to each parent if joint decision-making isn’t practical.
Q: How is decision-making responsibility decided in Alberta?
Courts assess what’s in the child’s best interests, considering each parent’s ability to meet the child’s needs, existing parenting arrangements, and the child’s views, where appropriate. If you and another co-parent can agree on DMR arrangements, you may not need to go to court to litigate.
Q: What is decision-making responsibility in Alberta?
Decision-making responsibility refers to a parent’s right to make important choices about a child’s upbringing, such as education, health care, and religion. It used to be referred to as “custody” until it was renamed under Alberta’s Family Law Act to focus on parental duties rather than control.
Q: What mistakes can Edmonton businesses avoid in commercial contracting?
Businesses may not want to rely on generic contracts, fail to consider termination rights, fail to clearly define service scope, overlook risk allocation, or ignore Alberta-specific laws. A corporate commercial lawyer in Edmonton can prevent you from making common pitfalls.
Q: Why should an Edmonton business work with a corporate commercial lawyer?
Business owners should consider working with a lawyer when forming the business, drafting major contracts, planning a sale or merger, dealing with investor issues, or facing regulatory challenges in Alberta.
Q: How can structuring a business in Alberta affect liability and tax obligations?
Choosing forms like corporation, partnership, or sole proprietor impacts liability exposure, tax treatment, formalities, and future succession. Seeking legal advice can clarify all these factors so you understand your rights and obligations.
Q: What legal issues arise in mergers and acquisitions in Edmonton?
Key legal issues that may crop up include due diligence, valuation, purchase/sale agreements, financing, regulatory filings with the Alberta Corporate Registry, post-closing integration, and more. A lawyer can help you resolve disputes when they arise.
Q: What services do Edmonton corporate commercial lawyers provide at Verhaeghe Law?
Our team offers support with business structuring, mergers and acquisitions, shareholder agreements, commercial contracts, and regulatory compliance for Edmonton-based companies.
Q: What regulatory compliance matters apply to construction in Edmonton and Alberta?
During construction, plans will need to comply with municipal bylaws (such as in the City of Edmonton), the Alberta Building Code, provincial licensing, and safety regulations. Meeting these requirements is critical to avoid delays, fines, or liability issues.
Q: What should construction contracts in Edmonton include?
In general, construction contracts should cover scope, schedule, payment terms, change orders, dispute resolution mechanisms, lien rights, insurance, and termination. These should all be tailored to Alberta’s legislative context, although it is advised that you consult with an experienced construction law lawyer before finalizing a contract.
Q: Can contractors in Edmonton use arbitration or mediation for construction disputes?
Yes. Many contracts include clauses for alternative dispute resolution, which can offer a quicker or less adversarial path than full court proceedings in Alberta.
Q: When should a construction business in Edmonton consult a lawyer?
Before signing contracts, when facing non-payment, disputes over defects or scheduling, or considering filing or defending a builders’ lien under Alberta law.
Q: What issues do construction law lawyers handle in Edmonton?
Our construction law lawyers at Verhaeghe Law handle contracts, disputes, builders’ liens, delay claims, warranty defects, regulatory compliance, and more for construction projects across Edmonton and Alberta.
Q: How does child-custody (decision-making responsibility) work for common law partners in Alberta?
Parenting rights and support for children apply regardless of parents’ marital status, and the court focuses on the child’s best interests under Alberta’s Child, Youth, and Family Enhancement Act when making decisions.
Q: Can common law partners in Edmonton make a written agreement?
Yes. A cohabitation or common-law agreement can set terms for support, property, and separation ahead of time. A cohabitation agreement is best drafted with legal guidance in Alberta to avoid missing any important clauses.
Q: What rights do common law partners have for spousal support in Alberta?
A partner may claim spousal support if their common-law relationship lasted a certain length, they had children, or one partner’s role created an economic disadvantage. These circumstances will be assessed according to Alberta family law by the court.
Q: How is property division different for common-law couples in Alberta?
In Alberta, common-law couples do not automatically split property like married couples under the Matrimonial Property Act. Individual ownership may remain unless other legal claims are launched.
Q: What does a common law lawyer in Edmonton do for family law matters?
At Verhaeghe Law, our team represents couples living together (common-law) who need assistance with property division, support, or transitioning into marriage or separation in Alberta.
Q: How can commercial real estate lawyers help with a lease agreement in Edmonton?
They review and negotiate lease terms, such as rent, term, renewal rights, tenant improvements, assignment clauses, and landlord remedies. They also ensure compliance with Alberta statutes and local bylaws.
Q: What should I watch for when buying commercial real estate in Edmonton?
Some key issues to consider include title searches, environmental liabilities, zoning/land-use compliance, financing conditions, due diligence on leases and development agreements, and more. A lawyer can help you navigate these legal matters with confident guidance.
Q: What costs are involved in hiring Edmonton commercial real estate lawyers?
Legal fees will depend on the complexity of the transaction, value and services required (e.g., drafting agreements, due diligence, closing). Ask your lawyer about hourly rates, fixed-fee options, and disbursements during your initial consultation.
Q: How long does a commercial real estate transaction typically take in Edmonton?
Timing can vary widely. Simple transactions may only take a few weeks to close, while more complex developments with due-diligence can take several months depending on approvals and financing.
Q: What do our Edmonton commercial real estate lawyers at Verhaeghe Law handle?
Our team handles purchases, sales, leasing, financing, development agreements, zoning or land-use issues, and more for commercial real estate in Edmonton and across Alberta.
Q: How does collaborative family law differ from traditional divorce litigation?
Instead of one party vs. the other, collaborative law emphasizes joint problem-solving, open disclosure, and shared decision-making. It can be potentially less adversarial than standard family law court proceedings in Alberta.
Q: Are collaborative agreements legally binding in Alberta?
Yes. Once parties reach an agreement and sign the final settlement, their lawyers will apply to the court to convert it into a binding court order under Alberta family law.
Q: What issues can be addressed through collaborative family law in Edmonton?
Issues such as child custody and parenting arrangements, child and spousal support, division of assets or debts, and family business interests can all be addressed in a collaborative framework.
Q: Is collaborative family law always suitable in Edmonton?
Collaborative family law works well when both parties are willing to negotiate in good faith, but not all family matters qualify or remain amenable to negotiation without court involvement.
Q: What is collaborative family law and how do collaborative family law lawyers help clients in Edmonton?
Collaborative family law involves both spouses and their lawyers working together to reach a mutual agreement on their legal matter without going to court. At Verhaeghe Law, our Edmonton collaborative family law lawyers guide parties though this cooperative process.
Q: How can someone enforce a judgment in Edmonton?
Enforcement options include wage garnishment, seizure of assets, writs of execution, and notices of seizure under Alberta’s enforcement legislation.
Q: Why contact Verhaeghe Law for civil litigation in Edmonton?
At Verhaeghe Law, our team supports clients from pre-litigation assessment through to enforcement, helping navigate Albera’s court rules and procedures.
Q: What are ‘costs’ in civil litigation and how do they work in Alberta?
“Costs” refer to legal fees awarded by the court, wherein the defendant must cover a portion of your legal costs. Alberta courts generally award only a portion of a party’s actual legal fees unless otherwise agreed.
Q: What is the limitation period for civil claims in Alberta?
The standard limitation period for most civil claims in Alberta is two years from when you knew (or should have known) the cause of action, under the Limitations Act. The limitation period may be shorter or longer than 2 years under specific circumstances, so it is best to consult a lawyer as soon as possible.
Q: What kinds of cases do civil litigation lawyers handle in Edmonton?
Our team at Verhaeghe Law handles contractual disputes, personal injury claims (non-criminal), shareholder and partnership disputes, construction claims, debt recovery, insurance litigation, and more in Edmonton and Alberta.
Q: Why consult an Edmonton child support lawyer at Verhaeghe Law?
At Verhaeghe Law, our team helps clients review support orders, apply for variations or enforcement, and understand their rights under Alberta law.
Q: How is child support enforced in Alberta?
Support can be enforced via income garnishment, court orders, the Maintenance Enforcement Program (MEP) in Alberta, and other legal measures.
Q: What if the paying parent has irregular income or is self-employed?
Judges may use actual income, imputed income (income they could earn), or averaging when assessing child support in cases with irregular earnings or self-employment.
Q: How can I change (vary) a child support order in Edmonton?
To vary a child support order, you will need to apply to the court and show a material change in circumstances, such as an income change or a change in primary care. Once you have followed the rules under Alberta law, they may decide to change the amount you owe.
Q: What determines child support amounts in Alberta?
Child support in Alberta is determined under the Federal Child Support Guidelines and corresponding Alberta law, which uses the paying parent’s income and number of children to calculate the amount owed.
Q: How do we start working with a business lawyer at Verhaeghe Law?
Contact us at 487-410-2500 or via our website contact form. We’ll schedule an initial meeting, review your situation, and explain how our team can support your edmonton-based business.
Q: What should I do if my business partner or other involved party isn’t acting in the company’s best interest?
Document concerns, review company governance documents, gather evidence of misconduct or breach, and consult a business lawyer in Edmonton to assess rights and remedies.
Q: How can a shareholder agreement protect business owners in Edmonton?
A shareholder agreement sets out rights and obligations, buy-out terms, decision-making, and exit strategies between owners, helping to avoid future conflict.
Q: Should I incorporate my business in Alberta?
Incorporation in Alberta (via the Alberta Corporate Registry) offers benefits like limited liability and tax planning opportunities. However, it can also bring formalities and costs. A lawyer can help you weigh your options.
Q: What business law services does Verhaeghe Law offer in Edmonton?
Our team supports business formation (corporations, partnerships), commercial contracts, asset purchases, shareholder disputes, acquisitions, dissolutions, and more in Edmonton and Alberta.
Q: Why consult an Edmonton builders’ lien lawyer at Verhaeghe Law?
At Verhaeghe Law, our team helps project stakeholders understand lien rights, register or challenge liens, and navigate enforcement to protect your property interests.
Q: Can a homeowner challenge a builders’ lien in Edmonton?
Yes. A homeowner or property owner may dispute a lien’s validity, require the claimant to proceed to court or ask for a lien release, depending on the circumstances.
Q: What deadlines apply when filing a builders’ lien in Alberta?
A lien must generally be registered within 45 days after the claim is discovered (or 45 days from substantial completion of the work) under the Builders’ Lien Act.
Q: Who can file a builders’ lien in Edmonton?
Contractors, subcontractors, suppliers, architects, engineers, and even certain consultants can file a lien provided they meet timing and service requirements under Alberta legislation.
Q: What is a builders’ lien in Alberta?
A builders’ lien is a legal claim against a property that may be initiated by a contractor, subcontractor, or supplier to secure unpaid work or materials. It is regulated under Alberta’s Builders’ Lien Act.
Q: What is the difference between termination without case and termination for cause?
Termination without cause means you’re dismissed without a specific blame-worthy reason and may be entitled to notice or pay in lieu. Termination for cause involves serious employee misconduct and may mean no notice or pay is necessary.
Q: How long do I have to file a wrongful dismissal claim in Alberta?
In Alberta, the limitation period for most employment claims is two years from the date you knew (or ought to have known) about the claim.
Q: How do I prepare for a meeting with a labour & employment lawyer in Edmonton?
Bring your employment contract, termination letter (if any), pay stubs, correspondence, workplace policy documents, and a timeline of events. We can help both employers and employees at Verhaeghe Law.
Q: What are an employer’s obligations under Alberta’s Employment Standards Code?
Employers must meet minimum standards for hours of work, overtime, vacation pay, termination notice/pay, and public holiday entitlements under the Alberta Employment Standards Code.
Q: What types of employment disputes do your Edmonton labour & employment lawyers handle?
At Verhaeghe Law, our team assists with wrongful dismissal, human-rights claims, unpaid wages/benefits, employment contracts, non-compete enforcement, workplace investigation, and much more across Edmonton and Alberta. To find out whether our legal team can assist with your matter, contact us to schedule a consultation today.
Q: Where is Verhaeghe Law located and do you serve clients remotely?
We have convenient office locations in Edmonton, Athabasca, and Whitecourt, Alberta, serving clients throughout the province. We also offer virtual consultations by phone or video for clients who prefer remote legal assistance. No matter where you are in Alberta, our team is ready to help.
Q: How will I be updated during my case?
At Verhaeghe Law, client communication is a top priority. We provide regular updates, return calls promptly, and make sure you understand every stage of your case. You’ll always know who is handling your matter and what to expect next.
Q: Does Verhaeghe Law handle business and corporate law matters?
Yes, our legal team assists Alberta entrepreneurs with incorporations, contracts, employment matters, mergers, acquisitions, dispute resolution, and more. We provide practical, proactive advice to help your business grow while minimizing legal risks. Whether you’re a small business owner or managing a large corporation, we have the experience you need.
Q: What should I do after a personal injury in Alberta?
After an accident or injury, seek medical help first, then contact Verhaeghe Law. Our legal team in Edmonton will evaluate your case, gather evidence, and help you pursue fair compensation. We work on contingency in most injury cases — meaning you don’t pay legal fees unless we win your case.
Q: Do you help with wills and estate planning in Alberta?
Yes. We prepare wills, enduring powers of attorney, and personal directives, ensuring your wishes are respected and your loved ones are protected. Our lawyers also assist with probate and estate disputes. Proper planning today can prevent stress and costly conflicts in the future.
Q: How can Verhaeghe Law help with separation and divorce cases?
Our lawyers in Edmonton handle all aspects of family law — child custody, spousal support, parenting time, and property division. We focus on clear communication and fair outcomes while keeping your family’s well-being in mind. Whether your divorce is uncontested or complex, our lawyers will protect your interests from start to finish.
Q: What happens if my case goes to court in Alberta?
If your legal matter proceeds to court, our lawyers will guide you through each step — from filings and discovery to hearings and trial. We aim to protect your rights and prepare you thoroughly for what to expect. Many cases can still be resolved through negotiation or mediation, helping you avoid lengthy court processes when possible.
Q: How much does it cost to hire a lawyer in Edmonton or Alberta?
Legal fees depend on the type and complexity of your matter. At Verhaeghe Law, we provide transparent pricing and may offer hourly, flat, or contingency fee options depending on your case. During your initial consultation, we’ll outline expected costs and discuss ways to manage them efficiently.
Q: How can I book a consultation with a lawyer at Verhaeghe Law?
You can schedule a consultation online, by calling our office, or by visiting one of our locations in Edmonton, Athabasca, or Whitecourt. Bring any documents related to your case and a list of questions to help us understand your situation. During your first meeting, a lawyer will assess your options and explain costs, timelines, and next steps.
Q: What types of legal services does Verhaeghe Law offer in Alberta?
Verhaeghe Law is a full-service law firm serving clients across Alberta, including Edmonton, Athabasca and Whitecourt. Our lawyers handle family and divorce law, personal injury claims, wills and estates, real estate, employment, business and corporate law, civil litigation and construction matters. Whether you’re resolving a dispute or planning for the future, our experienced team is here to help.
Q: How do I Know if a Lawyer is Reputable, or the Right Person for Me?
A little research goes a long way when it comes to hiring a lawyer who can produce favorable results for you. Our track record of superior client satisfaction and positive rulings and outcomes speaks for itself. Getting to know our clients is important to us, and it should be important to you too. Paying a lawyer who makes you feel like just another number is not the best use of your time and money. Our lines of communication are open 24/7 so you can reach us with questions whenever you need answers.
For more detailed information, and answers questions specific to your circumstances, call our office to book a no-obligation consultation.
Q: I’m Meeting my Lawyer for the First Time. What Should I do or Bring With me?
The first thing you should do to prepare to meet with your lawyer for the first time is to gather and bring all the documents available to you that support your case. It is a good idea to write down any dates or important details so you can provide as clear an outline of the facts to us as possible. Here is a list of suggestions that will help you feel prepared:
- Prepare to talk about fees and your expectations.
- Go over any letters, emails or documents we have sent to you before you arrive.
- If you are a legal aid client, bring the certifications legal aid has provided to you.
- Keep all of your documents organized in one easy to transport place.
- Arrive on time.
- Respond to any phone calls, emails or information requests we make.
- Prepare a list of questions you would like us to answer.
Q: What Are my Options if I Can’t Afford an Lawyer?
If you cannot afford a Lawyer, you may qualify for legal aid. If you are facing criminal charges and you cannot afford a lawyer, it is your constitutional right to be appointed qualified legal defense and you will be guaranteed legal assistance.
Q: How Much Does a Lawyer Cost?
Every legal issue is different and therefore requires a unique amount of time, documentation processing and disbursement fees to complete our work to your satisfaction. During an initial consultation, we will explore the details of your circumstances and discuss the costs of representation with you.
Our rates are determined based on specific tasks like will drafting, where flat rate payments are applicable, and are also based on flexible pricing that is quoted before work begins when the work requirements vary in order to produce favorable outcomes for you.
Q: What are the Primary Responsibilities of my Lawyer?
The primary responsibilities of a Verhaeghe Law Office lawyer are to uphold the law and protect your rights and interests. It is our responsibility to know the law inside and out and to anticipate and prepare for sudden changes in regulation.
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