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September 2019 Archives

What is a separation?

A separation is when two people decide to end their domestic relationship. It is not a legal term, and it’s not something that is granted by a court of law. Married couples may decide to separate, but not necessarily get a divorce.

Division of property: Being prepared in the event of divorce

There's an old adage that says nothing lasts forever. No British Columbia couple heading down the aisle thinks they will one day be facing divorce, which encompasses having to deal with issues such as the division of property. So, some experts are actually saying couples should plan for a breakup before their marriages actually break down. Failing to plan for unforeseen events could have even more devastating consequences. 

Alberta family law: Maintaining contact with your grandchildren

The truth is that the law doesn't assume grandparents have the right to have a relationship with their grandchildren, nor does it assume grandchildren have that same right. The Family Law Act in Alberta does not protect grandparents' rights to see their grandchildren. It does give grandparents options to be able to see their grandchildren when the kids' parents don't want that to happen -- namely, grandparents can apply to the court for a contact order. 

Children's issues: Children's rights during intervention

There may be instances when issues regarding children prompt intervention. Alberta family law rules always have the best interests of children at heart when it comes to dealing with children's issues. Children have rights and when they're old enough to speak their minds, they have some say in the direction their lives take and in certain situations they will be assigned caseworkers to whom they can speak regarding those rights.

Guardianship after divorce and beyond

If you and your spouse have a child, it may seem obvious that Alberta law considers you parents. This title gives you the rights and responsibilities you may associate with parenting, many of which you may not give a second thought to, such as feeding or disciplining your child according to your standards and beliefs. The law calls these the duties of guardianship

Children's issues: Children's rights when parents aren't married

The family dynamic looks very different today than it did decades ago. No longer is a family unit limited to a married man and woman who then have children. Many heterosexual couples are having children before they get married -- if they ever get married. As for children's issues -- what does that mean for the rights of children born out of wedlock? Under family law in British Columbia, as in the rest of the country, those rights the same as those of children whose parents are married.

Family law: Some frequent flyer parents tying up family court

Parents who have the need to appear in family court for many issues are often referred to as frequent flyers. When it comes to children's issues in British Columbia, rules are instated under family law. Parents who want the court to intervene in the smallest details often take up valuable court time, which could be a problem for those parents who have more serious issues to iron out. 

Alberta family law: When it's all in a name

Decades ago, it was a given that, when a couple married, the wife would take her husband's last name. Fast forward to the 21st century, and that is not always the case with Alberta couples. Issues attached to marriage in the province fall under family law, and those include name changes. Women don't always change their surnames once married. Sometimes, a man takes his wife's surname, or the couple takes on a different name together, but whatever the case, they have to adhere to the rules.

Excited about buying a house

Buying a house is exciting as well as stressful. We understand that for many of our clients this may be single most important purchase they make. To make the process of buying a house less daunting, we can break it down into a step by step process.

Family law: Varying a child support order in British Columbia

When the need arises to make changes to child support payments, either the payor or the payee can ask for a support order to be varied. Under family law in British Columbia, the term variation is used when an increase or a decrease in child support payments is requested. A request to vary a support payment can be formally made when there is a change in life circumstances such as an increase or a decrease in parents' income, a change in parenting agreements or when the child turns 19 years of age.

Alberta family law: Differences between separtion and annulment

When couples make the decision to end their relationships, they have a few choices regarding how to do that under the law. In Alberta, as in the rest of the country, those who are married can choose to separate or to divorce, while those living together can choose to separate. Under family law in the province, there is also the option of annulling a marriage under specified circumstances.

Understand your legal options. Make informed decisions. Contact the family law lawyers of Henderson Heinrichs LLP

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