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Increasingly married and unmarried couples are finding themselves being responsible for dividing debts, rather than assets, accumulated during the course of their relationship.  Not always, but very often married couples have been together for a significant amount of time, and the division of assets and debts can be off-set against one another.  Further, the Matrimonial …

Under Alberta’s Matrimonial Property Act, there is a presumption that all property acquired during marriage is divided equally between the spouses, as long as the property is not exempt (see my post on exempt property). It does not matter if the property is held in joint names or in one spouse’s name alone. However, there …

One of the most common marital property questions received by our family lawyers deals with the transfers of property to others when the parties are separating. Can I transfer the title to my home in the name of my parents or friends to shelter it from my spouse? Can I send money from my bank …

Many people believe that all property is automatically divided 50/50 upon divorce; however this is not the case. Under Alberta’s Matrimonial Property Act, certain property is exempt from distribution upon divorce. The following property is characterized as “exempt” under the Matrimonial Property Act: (a)   Gifts from 3rd parties (b)   Inheritances (c)    Property owned prior …

Although with enough time and training the average person could repair their vehicle, or build their home, most prefer to retain the services of professionals who are proficient in performing such services and tasks. Resolving your Separation or Divorce issues such as custody and parenting disputes, property division, mobility and support should be addressed by …

One of the most common question received by our family lawyers concerns the voice of children in legal proceedings where the issues of custody, access or parenting arise. When can children decide or have input into where they will reside and what the access regime will look like after the parents separate? This answer to …

In 2003 the Family Law Act (FLA) received royal assent in the Alberta legislature and created significant change in the family law context.  Prior to the most recent legislation, when family matters were heard justices would be rendering decisions in terms of custody (to one or both parents), and access to a parent or another …

When entering into a separation, a client not only has to navigate the emotional waters of this situation, they will also have to be aware of the financial and according tax implications that go hand in hand.  Clients in a separation will be dealing with major assets that will need to be divided: their primary …

Are adult children entitled to Child Support if they are attending a post secondary educational institution? The Family and Divorce Lawyers at the firm of RCIM LLP are asked this question frequently. The answer is dependent on the details of each individual case and the ultimate decision is at the discretion of the presiding Justice …

Choosing the right Family or Divorce lawyer can be a time consuming endeavour. Given what may be at stake however it is wise to choose the right professional for your particular needs. The first step is to decide on what your needs and overall goals are – both legal and non legal. You need to …