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The cost incurred by a client to have legal counsel negotiate a settlement under threat of pending litigation can be substantial. This paper addresses important considerations for lawyers when making applications for costs in the context of family law in Alberta. It also addresses matters involving self-represented litigants who either advance claim for costs or have costs awarded against them. This paper was presented at LESA’s Family Law Updates Part 2: Financial Affairs webinar on November 27, 2020.
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This paper highlights some commonly encountered matrimonial questions or problems and discusses tips or tricks that lawyers can employ to address them. It also includes a number of precedents, such as a certificate of lis pendens, writ of enforcement, garnishee summons, and more.
This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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This paper provides an introduction to property considerations in matrimonial matters for lawyers new to family law or their legal support staff. It reviews common types of property, including real property, vehicles, bank accounts and investment accounts, business assets, pensions, personal possessions, and debts. It also reviews some more unusual forms of property that may be encountered in matrimonial proceedings, and discusses exempted property. Tips for eliciting property-related information from clients are integrated throughout.
This paper is part of a collection presented at LESA’s Effective Legal Support: Matrimonial Property program in Edmonton on March 5, 2019 and in Calgary on March 12, 2019.
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It is becoming increasingly common to have clients who are self-employed, which comes with unique considerations when dealing with matrimonial property division. This paper explores important considerations and practical steps for family law lawyers to employ when advising clients with corporate or business interests in matrimonial property division matters. It provides an overview of business structures and steps to follow when gathering disclosure. It also highlights general principles regarding financial disclosure as well as commonly encountered issues in obtaining corporate financial disclosure. Finally, the paper discusses how to deal with financial disclosure once it is obtained, including methods for valuing a business.
This paper is part of a collection presented at LESA’s Business Issues in Family Law Matters program in Calgary on January 17, 2018 and in Edmonton on January 24, 2018.
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Don’t fear the prenup. Instead, see it as a means of protecting your client by ensuring that his or her intentions and desires are reduced to writing. These authors take a look at the questions relating to these agreements, including: When can a prenup be beneficial? What are its restrictions, limitations and grey areas? What about when the parties live together before marrying? How can a prenup be challenged after the fact?
This paper is part of a collection presented at LESA’s Domestic Contracts program in October and November, 2015.