Know about Parenting Access and Custody Rights after a divorce

The Divorce Act is of federal legislation applies to married parents who are seeking a divorce. It is applicable throughout Canada and the custody and access orders for children are governed under the Divorce Act. On the other hand, the Family Law Act is a provincial legislation that applies to married, non-married, and common law parents who may or may not be seeking a divorce. It is applicable only in Alberta.

It is extremely important to know about the parenting access rights and duties in a divorce. Whenever a decision about children is involved in divorce, the special law ensures that the decision is ruled in the best interest of the child, which implies that the access decision is steered according to the interest of a child rather than the preference or comfort of parents.

Important things to know about the spousal support.  

How to ensure that the kids are fine during the course of the divorce process?

While the divorce process can be emotionally draining for parents, it can equally affect the children due to a potential conflict of interest. Therefore, it is essential to make sure that the utmost care is taken for children in the entire process. This can be a challenging task and hence one is encouraged to utilize the necessary resources (parenting tools) provided by the government before moving into the process.

You can find the details about the parenting plan here.

What is a child support?

Child support is the amount of money a parent has to pay in order to support his/her child financially. This amount is usually paid to the other parent unless the child is above 18 years of age. Although the court decides this amount, one can also come to an agreement on their own.

You can calculate the child support amount using the “Child Support Table Lookup”.

Sometimes the cases can go out of hand and you may want to hire a lawyer to help you with the case. A lawyer can help you:

• to understand the guidelines that apply in your case
• to calculate a child support amount for each parent
• to understand your legal rights and obligations
• to protect your child’s rights and best interests, and
• prepare and review the documents before moving to the court.

 

Connect with one of the experienced divorce lawyers at Right Legal now.

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All you need to know about the divorce process in Alberta

The Divorce Process

As long as both the parties have an agreement on their separation, divorce can be granted without having to appear before the court. Once the divorce application has been submitted, it can take anywhere between 3 to 6 months to complete the divorce process. If you wish to expedite the process, you may be required to appear in front of the court. However, it must be noted that depending upon the complexity of the case, it may take years to settle a contested divorce case.

Learn more about the Divorce laws in Alberta.

You can find the details of the divorce laws associated in Alberta, before moving to a court. Divorce cases are generally covered under Family Law Litigations. You can find more details about the provincial and the federal laws here.

Divorce Cost

In general, the cost of filing a divorce case can be up to $300. This, however, excludes the legal fees which depend upon various factors such as the complexity of the case and lawyer’s fees. In cases involving the distribution of estates, parentin2g support or spousal support, you may typically want to have a trial, which can be expensive and in most situations run at slow pace, extending the divorce. The longer the case runs, the higher the expenses. A typical divorce trial may cost you over $50,000. Therefore, it is always recommended to try and negotiate terms with your partner and find a way to mediate your case.

After Separation

You may have to restart everything after separation. For example, find a new accommodation, make alternative financial arrangements, and change parenting habits. These things can be stressful and have an emotional impact on your lifestyle. Therefore, it is advisable to be in touch with someone, either family or friends during this time.

Although the divorce process requires that you and your partner must be separated from each other for at least a duration of one year. However, you can make alternative interim arrangements for the child care and property/asset possession with the help of an arbitrator.

Right Legal can help you to find the right divorce lawyers. Connect with our Edmonton, Alberta based divorce lawyers now.

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Are you aware of the new impaired driving laws in Canada?

A new legislation, Bill C-46 that gives police, the authority to demand a breath sample from any driver who is pulled over without any suspicion, is planned to be made effective Dec 2018.

Breath test can’t be refused under the new drunk-driving law, as reported by Times Colonist.

Under the current law, a police can demand a roadside a breath test only if they have a reasonable suspicion of drunken driving. Once in effect, the drivers cannot refuse for the breath test if authorities demand so. Refusal to do so may lead to a punishment under Impaired Driving laws.

5 ways DUI can affect your life.

The changes in the law come after data from researchers show that almost 50% of the DUI cases go undetected at the check posts. The law is expected to bring the number down.

Under the new law, one cannot make any arguments if pulled over and asked for a breath test. Currently, there are provisions where a drunken driver can claim that they are well under the blood alcohol limit, as the alcohol is not absorbed in their blood yet. These arguments will be considered invalid from Dec 2018 once the new laws are in effect.

“Do we really expect the police to select the locations of the new-style check stops at random? If you want to limit the ability of police to target and harass particular communities, giving them broader latitude to erect checkpoints”

says Colby Cash for the National Post.

However, there might arise some constitutional challenges. Providing police the power to demand a breath test from anyone without suspicion could breach someone’s basic rights to privacy and can give rise to some controversial impaired driving cases.

Are you convicted under DUI act? Connect with one of our DUI Lawyers at Right Legal now.

 

 

 

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Why you should hire a Real Estate Lawyer for your property transactions

Real Estate lawyers often specialize in dealing with the day-to-day transactions related to your property and its disputes. They can apply their legal skills to prepare and review your documents related to real estate investments such as purchase agreements, terms, and agreements of the mortgage, transfer documents, property tax and other registry related documents.

A lawyer can help you solve some of your common problems related to buying/selling of your property.

Buying or selling a property involves a significant amount of money, hence you may want to make sure that it doesn’t indulge you in any legal implications. It is highly recommended to involve a real estate lawyer to handle all your legal requirements for the transaction.

You can have more information on buying and selling a property at Alberta at Real Estate Council of Alberta.

 

Brokerage Agreement

A transaction may require a seller to sign a brokerage agreement, which contains standard forms covering all the terms of the agreement and a brokerage commission. The lawyer can ensure that the documents are properly reviewed and help you to mitigate the risks of getting trapped into an unexpected issue.

Read more about investing in a property in Edmonton, Alberta.

Purchase Agreements

One of the most important documents involved in the transaction involving the sale/purchase of a property. The document is generally a standard printed form addressing following issues:

• If the property was lawfully altered.
• If the buyer is legally allowed to make changes in the property.
• Remedies in place if an issue is found during the inspection (by an authorized engineer/architect on behalf of the buyer)
• How to deal with the hazardous waste in the property?
• Consequences of not closing the deal.

 

Title Search

Once a purchase agreement is complete, a title search is required. This can be done from Service Alberta. The lawyer can help you with the title search and review all the documents related to it. It is important to note that at this point you may not be aware of a possible zoning in a region. So it is always advisable to confirm with a lawyer.

Our experienced Edmonton, Alberta based Real Estate Lawyers at Right Legal can help your property related transactions. Connect with them now.

 

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What is a Will and why is it important to have one

What is a will?

Will is a legal document which contains information about your wish of choosing a person who you want your property to be inherited by, after your death.

You may choose to assign  your assets to one of the following:

Your beneficiaries

You can choose family members, friends, spouse, or charitable organizations as beneficiaries to your assets. The details of allocation can be mentioned in the will.

A guardian for your minor children

When it comes to the responsibility of your child’s personal care, who is under 18 years of age, you may nominate someone to be their guardian after you die. The nominee will handle all the finances related to your child after your death.

An executor

In some cases, you may choose to nominate an individual or an institution to manage your assets, expenses, and taxes on your behalf after your death. It must be noted that an executor’s role is fairly significant and hence you must have proper planning in place before you assign this responsibility.

Everything you need to know about Estate Planning.

A will may not cover your financial assets such as Life Insurance, Retirement Plans, Assets owned as joint accounts or Transfer on Death accounts, community properties or Living Trusts.

 

What happens if I don’t have a will?

Often the term is referred to as intestate – a person died without having a valid will for an estate. The Wills and Succession Act direct the next steps that can be taken. It contains a default list of beneficiaries who will receive priority to handle the estate.

Default beneficiaries for intestate are listed below:

• Spouse (survivor) or an adult partner. In case if both exist the estate will be split equally.
• Spouse or partner receives the estate in case they have children from a descendant.
• Some provisions might restrict estranged spouse or partners from inheriting the estate.

 

You can refer to this link to know more about the intestate laws in Alberta.

Our lawyers at Right Legal can help you create a will or resolve an issue with an unclaimed / conflicted Will.

Connect with one of our verified Estate Lawyers now.

 

 

 

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Planning for Divorce? Know when to hire a Divorce Lawyer.

Are you making your divorce decisions yourself?

Well, it’s simple, at least in theory. You may part off in good terms if you can work with your partner on issues related to your alimony, the upbringing of children and other property distribution. You may want to consult a neutral third party, often referred to as a mediator. It can save you a lot of money, time and energy while approaching courts and lawyers. While some divorce cases can be quite straightforward, others can be disastrous.

Learn more about Divorce laws in Alberta.

Most often, the divorce can be emotionally draining as decisions involved are not simple. In all likelihood, you would want to consult a divorce attorney to arrive at a solution. It is extremely important to hire a right lawyer who can understand your case well, before filing for divorce.

Involving Mediators

Other choices may include involving mediators. A Mediator can connect and understand issues from both the parties and arrive at a settlement which can be accepted. In cases of violence, it is highly recommended for you to get temporary orders for custody of your child and move to a safe place.

Sometimes, the two parties can hire their own lawyer and work towards a collaborative outcome by negotiating. This way one can save money from filing a case in the court of law.

When to Hire a Divorce Lawyer

In adverse cases of severe problems such as abuse ( sexual, spousal or child) or when the spouse’s character is in question for being dishonest, it is impossible to negotiate terms via a mediating lawyer (or a collaborative negotiation). Fighting a case in the court of law is the only way out. In those situations, you will definitely want to consult a lawyer who can prepare a case based on evidence.

5 things to consider before hiring a divorce lawyer.

Right Legal provides you the access to qualified divorce lawyers to build a strong case for you and get an ideal settlement.

Connect with one of our Edmonton, Alberta based Divorce Lawyers now.

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Importance of hiring a lawyer for your small business in Edmonton, Alberta.

A good attorney can add incredible value to your business especially in protecting you from legal implications. As a business owner, it is almost certain that you may make mistakes in your organization. To avoid the negative consequences you must consult a lawyer. Therefore hiring a lawyer for your firm can be extremely important.

Below are the top reasons why you should consider hiring a lawyer for your small business :

1. Protect Against Lawsuits

It’s not an ideal situation to search for a lawyer after you have been sued. A lawyer can help to access your day-to-day work and prevent any lawsuit. If you own a small business, it is always recommended to hire a full-time lawyer which would ensure that you can concentrate on your business without worrying about any lawsuits.

2. Mitigate Damages

In unavoidable situations, where you have legal matters to settle down, an experienced lawyer can help you handle the case to the best of your interest. They can mitigate the damages.

3. Contract Drafting

As a new business, you may have new contracts either with your customers, vendors or employee. A lawyer can help you either to draft or negotiate a contract. Moreover, they can ensure that the contract follows the best practices and is in the best interest of your business.

4. Business Incorporation

Incorporating your business may involve legal implications. A lawyer can understand your business and help you to incorporation without any legal obligations.

Incorporating your Business in Edmonton, Alberta.

5. Provincial and Federal Compliance

Operating your business needs to comply with both the provincial and federal laws in terms of taxes, property, environmental laws, etc. Consulting a lawyer is always a good idea to avoid fallbacks.

Refer the link to learn more about operating small business in Alberta.

6.Patent Filing

If your business requires the filing of a patent, you should always consult a lawyer. They can ensure that you have everything in place to avoid any delays while renewing or updating it.

7. Organization Structural Decisions

Your lawyer can help you to decide on the structure of your business, which includes a shareholder’s agreement, the board of directors, classification of shares etc.

Why your business needs a Unanimous Shareholder’s Agreement.

 

8. Employment Issues

Your lawyer will ensure that you have a proper employee manual in place which can be referred during any conflict of interests between an employee and an employer. Also, this can help you with anything related to the personal law issues.

 

Connect with one of experienced Business Lawyers at Right Legal.

 

 

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