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So far Vogel LLP has created 145 blog entries.

How The Court Defines An Unmarried Couple

We are seeing more and more couples opting to not get married and instead live together in what is often described as a "common law" relationship. In Alberta the Adult Interdependent Relationships Act (AIRA) helps the court define those relationships that are not married but could be construed as being "like marriage." When the relationship [...]

November 3rd, 2015|

Family Law’s Newest Addition – Revised Practice Note 2

The Family Law Practice Note 2 includes procedures for scheduling applications in Family Chambers, the materials that parties must file in these applications and the filing deadlines for Special Chambers applications. But the new version of the Family Law Practice Note 2 that comes into effect October 1, 2015, is 13 pages (as opposed to [...]

September 28th, 2015|

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|