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 […]
One common mistake I see people make often when trying to do their own divorce is to transfer property to their spouse, transfer a home out of joint names, make a settlement payment, or transfer shares in a company before a formal separation agreement is created and signed. Thinking that they are done once they […]
This weekend I will be a part of the panel speaking on Getting the Most out of Your Experts at the 40th Lake Louise Refresher Course. My topic will be the use of experts in out of court resolution of family law matters. I will be looking at other resources available to individuals going through […]
It is a general legal principle that an agreement freely reached by two individuals will be respected and enforced by the Court. However, agreements between two separating spouses have special considerations, as there is more opportunity for the individuals to be not at their best when they make their bargain. Because of this, separation agreements […]
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 […]
