Cohabitation Agreement, Prenuptial Agreement, Postnuptial Agreement, Marriage Agreement and Separation Agreement. They are all legal documents between two individuals who are living together, whether they are married or not. How are they different? Not by much. In essence the difference is in terms of timing – when the agreement is signed. A Cohabitation Agreement is […]
There is an interesting article in the January 31, 2014 Calgary Herald titled “Triage desks planned for courthouses” (City & Region section, page A7). The purpose of the triage desks is to provide litigants information about their case, and to suggest alternatives to court. This is an excellent idea, and should be pursued. Of course, […]
Here are some of the new provisions of the Family Law Act that I think are important to know if you live in BC. The relevant section numbers of the Family Law Act are in brackets: Out of court settlement processes are encouraged (Division 1). These include mediation, arbitration, collaborative family law, and parenting coordination […]
Trust conditions and undertakings are what lawyers use to ensure that certain events take place when these events affect their client’s settlement. For example, if a separating couple agrees to transfer a home from one spouse to the other spouse in exchange for a settlement payment, trust conditions and undertakings are used to ensure that […]
I read an interesting case decided by the Honourable Justice S.L. Hunt McDonald; you can read it here: http://www.canlii.com/en/ab/abqb/doc/2012/2012abqb685/2012abqb685.html. One issue was the enforcement of a Matrimonial Property Agreement. One of the spouses was challenging an agreement that was prepared by lawyers, signed by the spouses before lawyers, and had certificates of Independent Legal Advice […]
