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So far Vogel LLP has created 133 blog entries.

Dividing Property

Someone once described marriage as "what is hers is hers and what is yours is half hers." Perhaps an accurate description of marriage, however, not so accurate about property division upon the dissolution of marriage. Clients often come in with misconceptions of how property will be divided. Property division in Alberta is governed by the [...]

September 23rd, 2015|

Leveling the Playing Field

More often than not, one party always has deeper pockets in family law litigation. Frankly, that is usually the case in all litigation. It is also a common occurrence that one party will hit an economic breaking point where they can no longer afford the litigation and give up. The recent case of Lakhoo v. [...]

September 14th, 2015|

Dead & Gone, But Still Paying Spousal Support

A recent decision of Alberta Court of Queen's Bench Justice R. Graesser dealt with a case that looked at what happened to spousal support obligations upon the death of the payor spouse. In Lippolt v. Lippolt Estate the parties had a Separation Agreement that set out the terms of settlement. The settlement had a clause [...]

September 1st, 2015|

And None For You: Voiding a Will for Public Policy

The freedom upon death to dispose of your property and other assets as you choose is an important right that has long been recognized in Canada and elsewhere. However, there are restrictions to this freedom and, in specific circumstances, Canadian Courts have held that it is in the best interests of society to intervene and [...]

August 17th, 2015|

Important Changes to Family Law Practice Note 1

Effective July 20, 2015, a number of changes to Family Law Practice Note 1 came into effect. Family Law Practice Note 1 pertains to the Parenting after Separation course requirement, and the new changes should be noted by all divorce and family law litigants in Alberta. Every Plaintiff in an action for divorce and every [...]

August 10th, 2015|

Bird’s Nest Arrangements: A Child-Centered Approach to Parenting After Separation

A Bird’s Nest Arrangement (also known as a “nesting arrangement”) is a child-centered arrangement where, following a separation, the children remain in the family home and the parents take turns leaving the home and sharing the children’s care. Some psychologists argue that nesting arrangements are less disruptive for children since the children do not have [...]

August 7th, 2015|

The Changing Landscape of Marriage

The practice of Family Law often affords its practitioners the opportunity to see society’s approach to relationships and marriage change over time. Understanding these changes may help lawyers tailor their practice to meet the needs and goals of their clients. A recent study, published in the Journal Current Directions in Psychological Science, suggests that the [...]

July 20th, 2015|

Demerits: The New Distracted Driving Deterrent

The Province of Alberta is taking a more aggressive stance against distracted driving. Bill 204, also known as the Traffic Safety (Distracted Driving Demerit) Amendment Act (the “Act”), was introduced to the legislature as a private member’s bill in December 2014 and was granted Royal Assent at the end of March. The Act comes into [...]

July 14th, 2015|

Adult Children of Divorce – Cash for Information

In Lewis v. Correia, 2014 ABQB 314, a recent Alberta Court of Queen’s Bench decision, the Honourable Justice Veit held that an adult child is obligated to provide basic information to the payor parent if the child is seeking contribution to section 7 expenses. In this case, the child and father were estranged, and the [...]

July 6th, 2015|

How is Entitlement to Spousal Support Determined?

Moge v. Moge, [1992] 3 SCR 813 and Bracklow v. Bracklow, [1999] 1 SCR 420 are two of the major Supreme Court of Canada decisions that deal with entitlement to spousal support. These decisions define three categories of entitlement to spousal support: compensatory, non-compensatory and contractual. Contractual spousal support is support that the parties agree [...]

June 15th, 2015|