Vancouver and Edmonton Family Law Blog

Divorce can stir up some nasty emotions. Luckily, in Alberta, there are family law rules in place that provide guidelines for some possible contentious issues like division of property and other assets. These laws can sometimes overlap into other other areas. For instance, how would one go about safeguarding a downpayment on a house that has been given as a gift when going through a divorce?

The most succinct way of doing that is by having a marriage contract or cohabitation agreement in place. Any money that has been given as a gift should be kept separately from any joint accounts, especially when there is no contract in place. If it is commingled in a joint account, it may be considered to be a family asset and up for division should the relationship or marriage end. 

There is nothing worse for a parent to think that his or her child could be in harm's way. No parent wants to believe his or her former spouse and the parent of his or her child would do anything to hurt their children. But when British Columbia couples are going through high-conflict divorces, one person may take the children somewhere without the knowledge of the other. This is a serious family law issue that could result in an accusation of parental abduction, and there are laws in place to protect children and hold parents accountable when they do things they shouldn't.

Statistics show that a few hundred kids in Canada get abducted each year by a parent. About 10% of  them – if they or that parent were born outside of Canada – are taken back to their or their parent's country of origin. A parent who thinks his or her former spouse might be inclined to do this should heed the warning signs, such as when the other parent makes threats about taking the child, exhibits stalking or harassing behaviour, or fights incessantly about access or custody issues. A parent might also be angry about a decision made by a family court judge and might choose to take matters into his or her own hands by removing the children.

Alberta couples seeking a divorce have many things to think and worry about. The months and years immediately after the breakup of a marriage can be full of uncertainty, especially where your finances are concerned. The best way to minimize any struggles you might have at that time is to work to get the fairest and fullest portion of martial assets possible.

To do this requires that you know the difference between the assets that the law considers jointly owned and those which are exempt from property division. Joint assets typically include those either of you acquired at any time during your marriage up to the date of your settlement or divorce trial, at least in Alberta. It is also important that you understand any negative ramifications you may face for acquiring certain assets in the divorce.