Edmonton Divorce Solutions

questions and answers

• meet the experts
• questions and answers

Question:

I have been seperated for almost 5 years and I filed for divorce in July 2004. We have a contested divorce proceedings going on since July 2004, I have strong reasons to believe that he is abusing my kids when he see’s them and I have taken them to the people that I thought was appropriate for the concerns and have told over and over that it is better to have an abusive dad than no dad and Child protections services has told me over and over that if I think he is hurting my children in any way to go and get a restraining order and get sole custody.

That is what I have been trying to do since my divorce started, my lawyer doesn’t seem to want to move forward with these issues, what do I do next? Also, I have just recently moved and I do not want to give my ex my new address because he has told me several times over the years that he has his friends spying on me, do I have to give him my new address?

Response:

Karim responds: I am not sure of the reason your lawyer is telling you not to proceed, but based on the information you provide that you are unhappy with the advice you are getting you should consider consulting with another lawyer to get their opinion.

These kinds of contested custody and access applications usually are heard in what is called special chambers ( or a Trial may be held if the Court feels they need to hear from witnesses) which occurs in the afternoon and gives you longer that than the 15 minutes assigned to hear matters in morning family law chambers. You will also need a report from
a child specialist (referred to as a practice note 7 report) documenting the allegations and the assessors observations and recommendations.

The address issue is dealt with on a case by case basis so be prepared to provide strong evidence as to why he should not know the address especially if the children live with you.

Question:

Do I need a new will when I get a divorce????

Response:

Diane responds: If you divorce, a will prepared prior to the divorce is not automatically revoked, but a couple of provisions in that will are affected. – any asset or bequest left to your now ex-spouse is revoked – your ex-spouse cannot act as an executor, so your estate would have to apply to the courts to have an executor appointed. On divorce, review your will. Chances are your intentions have changed. Ideally, you should have a new will drawn up at the same time as the separation or divorce agreemnt is written and signed. Don’t hesitate to discuss this matter with your Financial Planner or an estate planning specialist.

Question:

Hi there, I am in the process of separating assets and am disappointed with the process so far with the strategies for a good settlement. I thought strategies was part of a lawyers job to tell me what could happen and a couple of scenario’s. I was on the net and I now see that I need a team and maybe an over view of the law. Even though there are laws are they cut and dry or do circumstances come into play for a settlement when it comes to real-estate? Short story. I was married from 1996 – 2007 I had a small business started in 1989( art gallery and art classes) before him. In 2000 I bought a building for the gallery and sold it in 2005. With the profits of this commercial building I bought a half duplex using the profits with a down payment of ,000 to buy it. I needed his income tax to qualify for the loan so he signed and we had a verbal agreement that this 1/2 duplex property was always going to be mine. I find out that this 1/2 duplex by law now become marital property and in essence I gifted half to him. He has never put one penny into it. Is this law cut and dry and would it be worth going to court over it? I bought the 1/2 duplex for 8K it is now worth around 0K. Him and I have talked off and on since September to try to resolve this one issue. He is unwilling to negotiate anything but half. He has nothing to lose as he didn’t put any $ in. How would a Judge see this and what would we do to help a judge see it as non marital property? My accountant and I have documentation showing where the down payment came from….. but the law ??? help, help, I will also email ask an expert on your web site. thanks ilda

Response:

9 year marriage. Verbal agreement about who owns property likely will not hold up as agreements for land need to be in writing and Matrimonial Property Act (MPA ) also specifies any agreemnet reducing distributed value of property needs to be in writing. Is it worth going to Court over this ?? -> legal opinion asked for and only she can tell. Business bought 1989 ( prior to marriage) Value of business at 1996 ( marriage) may be exempt Building bought 2000 and sold 2005 added to business value. This was reinvested in a new building and so forms part of the business value. Where did down payment come from – this will determine whether down payment amount has any chance of being exempt. MPA says spouses entitled to 50% of net assets values for assets accumulated during marriage.