Looking for answers about family law or other legal issues? Select a category below to browse some of the most common questions we’re asked by clients.
How do I schedule an appointment to discuss my legal matter?
Scheduling an appointment to review your case is straightforward. Contact our Calgary or Canmore office to speak with our team and we’ll schedule you an appointment with one of our experienced, friendly lawyers.
Are consultations free?
There is a fee to schedule a consultation with our legal team. This allows us to provide thorough and valuable legal insights and advice from the outset, ensuring you can receive focused guidance tailored to your specific case from the very beginning.
What should I bring to my first appointment?
To make sure your first appointment is as productive as possible, we recommend bringing any documents relevant to your legal matter. This could include agreements, court papers, financial statements, or any correspondence that helps us understand your situation comprehensively.
How does your firm handle complex or high-conflict cases?
Mincher Koeman prides itself on running matters start to finish, even in complex or high-conflict situations. Our lawyers possess strong litigation skills and are committed to navigating intricate cases with strategic and holistic advice, ensuring you receive consistent support until your case is resolved.
When is a couple considered to be common-law?
Common-law relationships, formally known as adult interdependent relationships in Alberta, must meet one of three criteria:
Can my partner and I be considered common-law spouses if our relationship is not sexual or romantic?
Yes, under Alberta’s Adult Interdependent Relationships Act, two platonic friends can be considered common-law spouses if they are in a relationship of interdependence or enter into an Adult Interdependent Partnership agreement.
What is a “relationship of interdependence”?
The Adult Interdependent Relationships Act defines a relationship of interdependence as a relationship (other than marriage) in which two people share their lives with each other, are emotionally committed to one another, and function as an economic and domestic unit.
When is a couple considered to be common-law?
Common-law relationships, formally known as adult interdependent relationships in Alberta, must meet one of three criteria:
Can my partner and I be considered common-law spouses if our relationship is not sexual or romantic?
Yes, under Alberta’s Adult Interdependent Relationships Act, two platonic friends can be considered common-law spouses if they are in a relationship of interdependence or enter into an Adult Interdependent Partnership agreement.
What is a “relationship of interdependence”?
The Adult Interdependent Relationships Act defines a relationship of interdependence as a relationship (other than marriage) in which two people share their lives with each other, are emotionally committed to one another, and function as an economic and domestic unit.
Can a cohabitation agreement address issues beyond just property and support?
Absolutely. Just like for couples planning marriage, a cohabitation agreement can address a wide range of issues beyond property division and spousal support, such as how joint finances will be managed during the relationship and any specific agreements regarding shared responsibilities or future plans.
If my partner and I are already considered common law, is it too late to create a cohabitation agreement?
No, it’s not too late. While it’s beneficial to have an agreement in place before or shortly after moving in together, you can create a cohabitation or marriage agreement at any point during your relationship.
Why should my spouse and I sign a postnuptial agreement?
Couples may choose to sign a postnuptial agreement for various reasons, such as changes in financial circumstances (like starting a business or receiving an inheritance), to clarify financial expectations during the marriage, or to address concerns that arose after getting married. It can also be a way to formalize agreements reached through marital counselling.
Is a postnuptial agreement legally binding in Alberta?
Yes, a properly prepared and executed postnuptial agreement is generally legally binding in Alberta. However, for it to be upheld by the courts, it must meet certain legal requirements, including full disclosure of assets and debts by both parties, and it must be entered into voluntarily without duress or undue influence. Seeking independent legal advice is highly recommended.
Can a postnuptial agreement be changed or cancelled after it’s been signed?
Yes, a postnuptial agreement can be amended or cancelled if both spouses mutually agree and create a written amendment or a new agreement that complies with legal requirements. Again, it’s advisable to seek legal counsel when making any changes to ensure that they are legally sound.
When am I considered legally separated from my spouse or common-law partner?
A couple is generally considered separated when at least one spouse states that they wish to end the relationship and the spouses begin living separate and apart with no reasonable chance of reconciling. In some circumstances, spouses may be considered to live separate and apart while still residing in the same home.
What are the grounds for divorce in Alberta?
Under Alberta’s Divorce Act, a divorce can only be granted if there has been a breakdown of the marriage. Most often, this breakdown is established once the couple has lived separate and apart for at least one year. Less commonly, a divorce may be granted in less than a year on the basis of adultery or cruelty.
Do I have to go to trial to get divorced?
Most divorces do not require a trial and are resolved by negotiation between the parties or another form of alternative dispute resolution, such as family mediation or arbitration. A court hearing, such as an application/motion or trial, may be required when a couple is unable to resolve an outstanding issue through less formal means.
What’s the primary reason to obtain ILA?
The main reason to obtain ILA is to ensure that an individual about to enter into a legal agreement fully understands their rights, obligations, and the potential consequences of that agreement before they commit to it. It provides them with an unbiased legal perspective.
When should I seek independent legal advice?
You should seek ILA whenever you are presented with a significant legal document that may impact your future rights and obligations, such as prenuptial, cohabitation, separation, divorce, or settlement agreements. It’s always best to seek advice before you sign.
Will the lawyer providing ILA represent me in the future?
Typically, the lawyer providing ILA is acting solely to advise you on the specific legal agreement at hand. They are not your lawyer for ongoing future legal matters related to the agreement or the other party.
How is property divided between a couple after they separate or divorce?
In most cases, family property is divided equally between a couple after the relationship ends. Family property (formerly matrimonial property) includes all assets and debts acquired by a couple during their marriage or common law (adult independent) relationship. A different division of some property may be used upon agreement of the couple or order of the court.
Can I keep living in the family home after separation?
Both spouses or common-law partners have the right to remain in the family home after separation, even if only one spouse owns or leases the home. The couple may reach an agreement about who will remain in the home post-separation. They may also both stay in the home but live separate and apart.
How can I get exclusive possession of the family home?
If one spouse or common-law partner wishes to live in the family home alone after separation, they may apply to the court for an order of exclusive possession. The court will consider all of the family’s circumstances before granting such an order, including each spouse’s financial means, any pre-existing court orders about financial support or property division, and the best interests of the couple’s children. Spouses can also negotiate an arrangement where one of them remains in the family home.
How is a business valued in a divorce?
Valuing a business for divorce purposes often requires a professional business valuation. This process can consider various factors such as the company’s assets, liabilities, earnings, market conditions, and goodwill. The specific method used will depend on the nature of the business and its industry.
What happens if there’s a shareholder agreement?
Shareholder agreements can significantly impact how a business interest is divided in divorce and separation. These agreements contain clauses regarding the transfer or sale of shares upon the divorce of a shareholder, potentially outlining a specific valuation method or buy-sell provisions that the court will consider.
Will the business have to be sold?
Not necessarily. Alberta courts prefer to avoid disrupting viable businesses during divorce and separation if possible. Options such as one spouse buying out the other’s interest in the business, or restructuring ownership, may be explored. The feasibility often depends on the business’s financial situation and the couple’s overall asset division.
What is child support meant to cover?
There are two categories of expenses child support is meant to cover: basic expenses related to food, clothing, and shelter, and special and extraordinary (known as Section 7 expenses), such as childcare expenses, medical and dental insurance premiums, post-secondary education, and extracurricular activities.
How do I know my former spouse is spending my payments properly?
Unfortunately there is no way of knowing. If your child is appropriate fed, clothed, and has a comfortable home, it’s safe to assume that child support payments are being spent properly.
How long do I have to make spousal support payments and how much will I pay?
The amount and duration of spousal support depends on the length of your marriage, as well as each spouse’s earning potential, needs, and financial means. Judges often sue guidelines set out in the federal Spousal Support Advisory Guidelines to determine calculations; however, these guidelines are not law and judges have discretion to deviate from them.
What is “parenting time”?
Parenting time is the amount of time a child pends in each parent’s care after separation or divorce. It was previously referred to as access.
Do grandparents have rights to parenting time or access?
Grandparents do not have an automatic legal right to see or contact their grandchildren. However, the court may grant an order giving a grandparent access to, or contact with, their grandchild if the grandparent can show that it is in the child’s best interest.
What happens if my former spouse or I want to move away with our child?
A parent can usually not make the decision to move away with the child if it will cause a material change to a parenting arrangement or impact the other parent’s parenting time. The parent who wishes to move must apply to the court for permission to do so and the court will consider all of the circumstances to determine whether the move would be in the child’s best interest.
Who can apply for an Emergency Protection Order?
In Alberta, you can apply for an EPO if you have reasonable grounds to believe that your partner or former partner has engaged in family violence or has threatened to do so. It provides immediate protection by preventing the alleged abuser from contacting the applicant or, often, their children.
What should I do if I need an Emergency Protection Order?
If you are in immediate danger, call 911 to ensure your safety. To apply for an EPO, you can contact the police or apply directly to the court. However, it’s crucial to seek the guidance of one of our experienced lawyers to ensure you understand the process and your rights are protected.
How long does an Emergency Protection Order Last?
In Alberta, an EPO typically is granted for a period of seven to 10 days with a review hearing scheduled shortly after. At this hearing, the judge will determine whether the EPO should continue, be modified, or be terminated.
Who can apply for a Restraining Order?
In Alberta, you can apply for a Restraining Order if you have reasonable grounds to fear for your safety or the safety of your children due to another person’s harassing, threatening, or intimidating behaviour.
What kind of actions can a Restraining Order prevent?
A Restraining Order can prevent the respondent from various actions, including contacting you or your children directly or indirectly, coming within a specific distance of your home, workplace, or school, and engaging in acts of harassment or intimidation.
What situations warrant a Restraining Order?
A Restraining Order is generally warranted in situations where an individual is experiencing ongoing harassment, stalking, false accusations, intimidation, or threats from a former partner or someone else and they have a reasonable fear for the safety of themselves or their families.
What are my options if intimate images or videos have been shared without my consent?
While Alberta doesn’t currently have a specific law addressing the non-consensual sharing of intimate images by individuals, our lawyers can explore several legal avenues, including pursuing civil actions for breach of privacy based on evolving common law arguments, and assisting with takedown requests to online platforms. We can also explore potential remedies under other existing legislation.
What immediate steps should I take if my private images are being shared online?
Document everything, including who shared the images, where they were shared, and any communication you’ve had. Contact our office immediately so we can advise you on sending Cease and Desist letters and initiating reputation management strategies to minimize the spread and impact of the images.
Can you help me get images removed from the internet?
Yes, our team has experience executing strategies to assist with reputation protection. This includes sending takedown notices to website administrators and social media platforms, working to de-index the images from search engines, and employing other methods to reduce their online visibility and impact your reputation.
What are the different types of adoption in Alberta?
In Alberta, there are generally a few paths to adoption. This includes public adoptions through the provincial government, private adoptions arranged through licensed agencies or individuals, and step-parent adoptions, where a step-parent formalizes their parental relationship with their spouse’s child.
What are the eligibility requirements to adopt in Alberta?
While specific requirements can vary by the type of adoption, generally, adoptive parentas in Alberta must be at least 18 years old, be Canadian citizens or permanent residents, and demonstrate the ability to provide a safe, stable, and nurturing home environment.
How long does the adoption process take?
The timeline for adoption can vary depending on the type of adoption and individual circumstances. While step-parent adoptions can generally be completed within several months to a year, other processes can often take several years to fully complete.
What happens if I pass away without a valid will?
If you pass away without a valid will, your estate will be distributed according to provincial legislation. This means the government determines who will inherit your assets, which may not align with your wishes and can create complexities, delays, and additional costs for your loved ones.
What is the role of an executor in an estate plan?
An executor, or personal representative, is the individual you name in your will to manage and distribute your estate after your passing. Their role involves locating assets, paying debts and taxes, and distributing the remaining assets to your beneficiaries.
How often should I review and update my estate plan?
It’s advisable to review your estate plan regularly, ideally every few years or anytime a significant life event occurs. Major life changes such as marriage, divorce, the birth of a child or grandchild, the acquisition of substantial assets, or a change in health or financial circumstances should prompt a review of your will and any other estate documents.
What should I do if I’m charged with a criminal offence?
If you’re charged with a criminal offence, the most crucial first step is to remain silent and contact a lawyer immediately. Do not speak to the police without legal counsel present, and do not sign any documents until you have contacted a lawyer.
How does the bail process work in Alberta?
After being charged, you will typically have a bail hearing where a judge or a justice of the peace decides whether you can be released from custody while your case is ongoing. In Alberta, the court considers factors like the seriousness of the offence, your criminal record, and whether you are a flight risk.
Why do I need a lawyer if I’m innocent?
Even if you’re innocent, navigating the criminal justice system can be complex and overwhelming. A lawyer ensures your rights are protected, understands the legal procedures, can challenge evidence presented by the prosecution, and build a strong defence on your behalf.
What are the main stages of a criminal litigation process in Alberta?
Criminal litigation generally involves several key stages. It typically begins with an arrest or charge, followed by a first appearance in court, bail hearings (if applicable), and the disclosure of evidence by the Crown. Cases may then proceed to plea negotiations, pre-trial conferences, trial, and potentially sentencing or appeals.
What is the role of the Crown Prosecutor in a criminal case?
In Alberta, the Crown Prosecutor represents the state and is responsible for prosecuting offences under the Criminal Code and other statutes. Their role is to ensure justice is done by fairly presenting all relevant evidence to the court and seeking an appropriate outcome, rather than simply securing a conviction.
How does Mincher Koeman approach complex investigations in criminal cases?
When dealing with complex evidence or investigations in criminal litigation, our firm is committed to taking a meticulous approach. We thoroughly examine all disclosure, work with experts when needed, and challenge the prosecution’s evidence strategically to build a solid defence or reprsent your interests effectively throughout the process.
