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Family Lawyer in Edmonton
Life frequently has delicate family dynamics that can devastate a marriage or a common-law relationship and lead to divorce, child custody, and property division battles. It can be challenging to make life-impacting decisions when filled with stress and an overwhelming sense of grief. However, having a family lawyer in Edmonton on your side during this time is crucial to helping you understand your options and reach a conclusion that is best for you and all parties involved.
Sometimes Family Lawyers in Edmonton and other areas can become linked with Criminal Law matters. When that happens, you will find these matters easier to handle if you contact a lawyer who knows the law concerning family and criminal cases. So if you are going through a divorce, need help with other family legal issues, or need help with both family and criminal legal matters, seek counsel from Bob Kassian. He will fight to protect you, help you wade through the turmoil, and make informed decisions affecting your future.
Cohabitation Agreements in Edmonton
As of January 1, 2020, the new “Family Property Act” came into force in the Province of Alberta. This Act fundamentally changed the law concerning property rights and Common Law parties.
Although the courts now statutorily recognize the Act as Common Law property rights, this does not clarify how the courts interpret the new law’s provisions.
It is important to consult experienced Counsel as soon as possible to protect your property rights, secure significant evidence that may be lost or destroyed, and construct a clear record of events that may fade or be lost due to fading memories over time.
There are also new limitations on commencement and the prosecution of property cases, which may prejudice or ultimately deny or dismiss your claim.
There are substantial advantages to the creation of a cohabitation agreement. When a relationship breaks down, a properly drafted cohabitation agreement helps to reduce conflict, stress, emotional turmoil and legal costs. While most marital laws set our property division 50/50, there are provisions for pre-marital assets and exemptions in most provinces so that you may have partial protection in this regard.
Regarding the case of an unmarried Ontario couple, it becomes crucial for common-law partners to enter into cohabitation agreements for their benefit. If you want to be sure that you are fully protected, you should consider a cohabitation agreement.
Call us to learn more about cohabitation agreements and the importance of opting for one.
The Family Property Act
The Matrimonial Property Act was renamed the Family Property Act as of January 1, 2020. While the previous legislation, the Matrimonial Property Act, was imposed only on married couples, this new Act also applies to cases of unmarried couples who are ascertained to have been in a relationship of interdependence and separated after January 1, 2020. Previously, no particular legislation in Alberta dealt with the division of assets for unmarried couples. In cases of conflicts, judges would often combine entitlement to the property based on common law civil procedure and the application of precedent judgements. The new Family Property Act now codifies the law concerning common law property.
The new Act applies to you if you become a former Adult Interdependent Partner (AIP) after January 1, 2020.
Former AIPs may enter into an agreement on the division of property on their own. However, that agreement must comply with the formal demands of the new Act.
In order to satisfy the enforceability standards of the Family Property Act, it is necessary to engage a skilled legal practitioner to assist in this process in providing legal guidance.
