by admin | Jun 18, 2025 | Blog, Child Custody Lawyer, Cohabitation, Cohabitation Agreements, Cohabitation vs. Marriage, Divorce Attorney, Family Attorney
Understanding Your Relationship Status
In Alberta, your legal rights don’t begin and end with a marriage certificate. Cohabitation vs. Marriage carries significant legal distinctions—if you’re living with someone in a committed relationship, the law may still apply even if you haven’t said “I do.” After three years of cohabitation (or sooner with a child or Adult Interdependent Partner agreement), you could gain rights similar to a married spouse, including property division, support obligations, and estate claims. Misunderstanding these differences can lead to costly legal gaps. Whether you choose cohabitation or marriage, knowing your status protects your future.
Unsure if you qualify as AIPs? Book a Consultation with our Edmonton Family Lawyers today.
How Cohabitation Differs from Marriage
Marriage triggers automatic legal consequences. Once married, you and your spouse have shared rights and obligations under Alberta’s laws, including those concerning property division, spousal support, and estate succession. Cohabitation, on the other hand, only offers comparable rights if you meet the AIP criteria. Without that recognition, your relationship may not be protected in court, especially during separation.
Need clarity on your rights? Contact Kolinsky Law for expert advice.
Property Division Rules
Since January 2020, Alberta’s Family Property Act has treated married spouses and AIPs similarly. This means that any property acquired during the relationship is generally divided equally between partners, unless a different arrangement has been made in advance. However, if you are merely cohabiting and do not qualify as AIPs, you might not be entitled to anything. You will need to rely on general civil claims like unjust enrichment, which can be complex and uncertain.
Protect your assets—Get a Cohabitation Agreement tailored to your needs.
Spousal and Child Support Obligations
Both married spouses and AIPs may be required to pay or receive spousal support under Alberta’s Family Law Act. Similarly, child support obligations are consistent regardless of marital status. If you share a child with your partner, expect legal and financial responsibilities, whether married or not. It is important to speak with a Family Divorce Lawyer in Edmonton to understand how these laws apply to your situation.
Worried about support obligations? Call us now +1 780-757-6400 for a confidential discussion.
Inheritance and Estate Rights
Married spouses have automatic inheritance rights under Alberta law. AIPs can also be inherited if the relationship meets the legal test, but informal cohabitation alone will not qualify. Without a will or an AIP agreement, your partner may be left with nothing. To avoid this, consult a Marriage Agreement Lawyer in Edmonton to ensure your estate is handled according to your wishes.
Don’t leave your partner unprotected—Schedule a Will & Estate Planning Session.
Why Legal Agreements Matter
If you’re not getting married, drafting a cohabitation or AIP agreement can save you significant legal trouble. These agreements clarify expectations around finances, property division, and support obligations. Without one, courts will rely on legislation that may not reflect your intentions. Getting ahead with proper documentation is a proactive step, especially with help from the Best Family Lawyer in Edmonton, Alberta.
Need a legally sound agreement? Our Cohabitation Checklist before drafting yours.
Making an Informed Decision
Whether you choose marriage or cohabitation, your legal exposure in Alberta is real. Many people cohabitate under the assumption that it is legally safer, but that is not always true. You could be facing the same obligations as a married spouse without protection. At Kolinsky Law, we help you understand the risks, draft strong agreements, and protect your future.
Still unsure? Read: Who Gets What? Property Division in a Cohabitation Split.
Let Kolinsky Law Help You Navigate the Legal Differences
As trusted Divorce Attorneys in Edmonton, we specialise in helping couples understand the legal landscape of their relationships. Whether you need advice on property rights, support obligations, or drafting a solid agreement, we are here to provide clarity. Our team includes experienced Child Custody Lawyers in Edmonton, Alberta, and Family Divorce Lawyers in Edmonton who can help you make the right legal choices, no matter your relationship status.
Your next step? Email Us or call +1 780-757-6400 for a same-day response.
About the Lawyer
David Kolinsky is a leading Family and Divorce Lawyer in Edmonton, specialising in cohabitation agreements, property division, and spousal support cases. With over 15+ years of experience, he helps couples protect their rights, whether married or common-law. Learn more about David’s approach here.
Your relationship deserves the right foundation, legally and emotionally. Contact Kolinsky Law to protect your future, your assets, and your peace of mind.
by admin | May 31, 2025 | Blog, Divorce, Divorce and Separation, Divorce Attorney, Divorce Lawyer, Family Divorce Lawyer
Understanding the Difference: Separation vs. Divorce
In Alberta, separation and divorce serve different legal functions. Separation happens when spouses decide to live apart and may involve a written agreement to settle parenting, finances, and property. Divorce, however, is a formal court process that legally ends the marriage under the Divorce Act Alberta.
Separation doesn’t require legal proceedings, but divorce does. You can separate without divorcing, but you cannot remarry until the court grants a divorce. Knowing the legal differences between a separation agreement vs divorce can help you make informed choices about your rights and responsibilities.
🔍 Need clarity on your situation? Book a consultation with our Edmonton divorce lawyers today.
What Is a Separation Agreement?
A separation agreement is a private contract that outlines how you and your spouse will handle parenting arrangements, support obligations, and division of property. It’s legally binding and can be signed anytime after separation without court involvement.
Although not mandatory, a written agreement helps prevent misunderstandings and provides a clear roadmap. At Kolinsky Law, our Family Divorce Lawyers in Edmonton help you draft and review agreements that meet Alberta’s legal standards and reflect your best interests.
📝 Considering a separation agreement? Get a legally sound draft tailored to your needs.
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What Is a Divorce?
Divorce is the official legal procedure through which a marriage is formally dissolved by the court. In Canada, a person must file an application and meet one of the legal grounds for divorce:
The most common reason cited is one year of separation, which can still apply even if spouses live in the same home, as long as they lead separate lives.
Once the court approves the divorce application, the marriage is legally dissolved. While a separation agreement is not required to obtain a divorce, having one in place can simplify and speed up the divorce process in Alberta by resolving issues like parenting, property division, and financial support in advance.
⚖️ Ready to start your divorce? Let our Edmonton divorce lawyers guide you.
Legal Benefits and Limitations
A separation agreement allows you to settle issues out of court and move forward without litigation. However, it does not end your marriage. You are still legally married and cannot remarry until you obtain a divorce.
Divorce provides finality but often takes more time and involves court appearances. Still, it is the only legal way to dissolve the marriage entirely.
🤔 Unsure which option is right for you? Speak to a lawyer for personalised advice.
When Should You Choose One Over the Other?
You might choose a separation agreement if:
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You’re not ready for divorce
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You need time to negotiate parenting or financial issues
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You want to formalise terms while living apart
You may need to pursue a divorce in circumstances such as these:
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If you want to remarry
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If you’re seeking legal closure
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If you want court orders regarding custody, support, or property
Our team at Kolinsky Law can help you weigh these options based on your goals. As some of the Best Divorce Lawyers in Edmonton, we understand how to balance legal strategy with your personal needs.
📞 Call us today to discuss your case. Contact Kolinsky Law
Do You Need a Lawyer for Either?
While you can technically draft a separation agreement or file for divorce without a lawyer, doing so carries risks. Family law is complex, and small mistakes can have long-term consequences, especially when children or shared property are involved.
At Kolinsky Law, we offer legal advice tailored to your situation. Whether you are separating informally or pursuing a divorce, our role is to ensure your rights are protected every step of the way.
🛡️ Protect your rights— Schedule a consultation now.
Conclusion: Know the Path That’s Right for You
A separation agreement and a divorce are not the same, but both can play important roles in the end of a relationship. Separation lets you create a framework for co-parenting and financial independence, while divorce gives you the legal closure to move on.
If you’re unsure about legal separation vs divorce in Canada, reach out to Kolinsky Law. We’ll help you understand your options and take the next step with confidence and clarity.
About the Lawyer
The team at Kolinsky Law consists of experienced Divorce Lawyers in Edmonton, specialising in family law, separation agreements, and divorce proceedings. We provide personalised legal solutions to protect your rights and guide you through every step of the process.
Key Takeaways
✅ Separation Agreement = Private contract for parenting, support, and property (no court required).
✅ Divorce = Legal dissolution of marriage (requires court approval).
✅ A lawyer ensures your rights are protected in both processes.
📢 Need help? Contact Kolinsky Law now.
by admin | May 30, 2025 | Blog, Child Custody, Child Custody Lawyer, Child Support, Family Lawyer
Introduction: What Sole Custody Means and Why It Matters
When parents separate, figuring out who will make decisions for the child and where the child will live can be challenging. In Alberta, these decisions fall under legal custody arrangements. While joint custody is common, certain situations may necessitate that one parent assume sole responsibility. This is known as sole custody.
This article outlines what sole custody really involves, when courts consider it appropriate, and how you can begin the process if it’s necessary for your child’s well-being.
What Is Sole Custody?
Sole custody refers to a legal arrangement where one parent is responsible for making key decisions in a child’s life, including choices about education, medical care, and religious practices. While the other parent may still have visitation or parenting time, they are not involved in these major decisions.
This doesn’t mean cutting the other parent out completely. Alberta courts usually support continued contact when it’s in the child’s best interest.
When Can a Parent Seek Sole Custody?
Alberta courts consider the child’s best interests first. They may award sole custody if sharing responsibility isn’t safe or practical.
You might qualify for sole custody if:
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The other parent has a documented history of abuse, addiction, or neglect.
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One parent has been consistently uninvolved or absent.
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There’s an ongoing, unresolved conflict that prevents healthy co-parenting.
To succeed, you’ll need to show concrete evidence—not just opinions—about why joint custody won’t work. For tips on gathering evidence, read our guide on* How to Build a Strong Case for Sole Custody in Edmonton Courts.*
What Factors Influence a Judge’s Decision?
The court looks at several aspects of the child’s life and the family situation. Some key points include:
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The child’s full range of needs, including emotional stability, mental health, and physical care
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Each parent’s ability to meet the child’s daily and long-term needs
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How strong and supportive the child’s bond is with each parent
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Any past or present safety concerns
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The child’s views, depending on their age and maturity
The judge’s primary goal is to make sure the child grows up in a stable, supportive environment.
The Process for Requesting Sole Custody
Getting sole custody means going through a legal process. Here’s how it usually works:
- Filing legal documents: You begin by submitting custody forms under either the Family Law Act or the Divorce Act.
- Serving notice to the other parent: They must be informed about the application.
- Providing proof to support your claim: You might need to present expert statements, reports from professionals, or other documentation to back up your case.
- Attending court if needed: If there’s no agreement, a judge will make the final decision based on the evidence.
Having an experienced legal team, like Kolinsky Law, can help make sure you follow each step correctly and don’t miss anything important. Not sure about custody types? Learn the* Difference Between Sole, Joint, Shared, and Split Custody in Alberta.*
Can Custody Orders Be Changed?
Yes. If circumstances significantly change, such as improved parenting skills or a move, the custody order can be reviewed and updated.
Why Legal Support Makes a Difference
At Kolinsky Law, we understand how emotionally complex custody cases can be. As Edmonton’s Top Custody Lawyers, we help you prepare strong, well-supported cases that focus on the best interests of your child.
Whether you’re worried about safety, communication issues, or long-term parenting plans, we can help you move forward with confidence. [Contact the Best Child Custody Lawyer in Edmonton today to protect your child’s future.]
In Closing
Seeking sole custody isn’t about pushing the other parent away. It’s about ensuring your child grows up in a safe, consistent, and nurturing environment. Courts in Alberta approve sole custody only when the facts clearly show it’s necessary.
If you’re thinking about this step, contact Kolinsky Law—the Best Lawyers for Child Custody in Edmonton. We’re here to listen, provide clear guidance, and represent your interests every step of the way.
About the Lawyer
Kolinsky Law is a trusted Family Law Firm in Edmonton, specialising in child custody, divorce, and parenting disputes. With a compassionate yet strategic approach, our team ensures your case is handled with the expertise it deserves. If you need the Best Child Custody Lawyer in Edmonton, we’re ready to fight for your family’s future. [Schedule a consultation now to discuss your options.]
by admin | May 28, 2025 | Estate Disputes
Introduction: Why Disputes Among Siblings Are Common
Losing a parent is one of life’s most painful experiences, and when siblings begin to argue over a will, that grief can quickly turn into confusion and mistrust. You may be caught off guard by how quickly emotions rise, especially if you believed your family was close. In Alberta, it’s not unusual for these disputes to escalate when expectations around inheritance don’t match what’s written in the will.
The Wills and Succession Act provides a legal structure, but each family’s situation is deeply personal. Knowing your rights and how the courts handle estate conflicts can help you move forward with more clarity and less conflict.
Common Reasons Siblings Contest a Will
Siblings often challenge a will because something just doesn’t feel right or fair. Common reasons include:
- Undue influence: One sibling may believe another manipulated the parent into changing the will.
- Lack of capacity: Doubts about whether the parent was mentally sound at the time of signing.
- Unequal shares: When one child receives more than others, resentment can surface.
- Executor issues: A sibling named as executor might be accused of mishandling money or assets.
These kinds of conflicts can put lasting strain on family relationships. Reaching out for legal advice early can help prevent things from escalating and protect everyone’s interests.
When the Law Allows You to Challenge a Will in Alberta
Not every family disagreement over a will ends up in court. In Alberta, you must have clear and lawful reasons to challenge the contents of a will:
- Lack of testamentary capacity: The parent didn’t fully understand what they were doing.
- Undue influence: Pressure or manipulation overrode the parent’s true wishes.
- Issues with how the will was signed: If it wasn’t properly signed or witnessed as required under Alberta law, the court may find it legally invalid.
- Fraud or forgery: The document has been altered or faked.
A gut feeling isn’t enough. The courts need real evidence, medical records, witness accounts, and financial documents to take action.
How Alberta Courts Resolve These Disputes
When families can’t resolve things privately or through mediation, the issue may go to Surrogate Court. The court looks at what the parent intended and whether the estate is being fairly and legally managed.
The process usually involves:
- Filing a claim or response
- Sharing estate and financial records
- Presenting expert and witness testimony
- A judge making a final ruling
The court can change parts of the will, cancel it entirely, or remove an executor who’s acting in bad faith.
Avoiding Prolonged Litigation
Long legal battles can drain everyone emotionally and financially. They can also eat away at the estate itself. That’s why courts prefer that families try mediation first.
At Kolinsky Law, we know how sensitive these situations are. As some of the Best Family Lawyers in Edmonton, Alberta, we help clients reach resolutions that protect their rights and relationships.
The Role of a Lawyer in Will Disputes
Whether disputing a will or defending one, you shouldn’t face it alone. A skilled estate lawyer can:
- Help you understand if your concerns have legal merit.
- Gather and present solid evidence.
- Advocate for you during mediation or trial.
- Ensure the executor follows their legal duties.
At Kolinsky Law, our team, including experienced Edmonton Contested Wills Attorney, understands the emotional complexity of family conflicts. We’re here to guide you, support you, and act when it matters most.
Conclusion: You Don’t Have to Face It Alone
Fighting over a will is painful, especially when it’s family. But Alberta law offers a clear path forward, and you don’t have to navigate it by yourself.
If you’re stuck in a sibling dispute over an estate, we’re here to support you. Contact Kolinsky Law for a confidential consultation. We’ll help you understand your rights and take the next steps with confidence.
by admin | May 27, 2025 | Blog, Emotional Distress
Emotional distress in Alberta refers to serious psychological harm caused by traumatic events like abuse, harassment, or witnessing disturbing incidents. While emotional injuries are not always visible, their impact can be long-lasting and deeply disruptive. Alberta law does allow for legal claims related to emotional distress, but the process is complex.
There are strict standards for evidence, and the law separates cases based on whether the harm was caused intentionally or through negligence. This article outlines who may file a claim, what qualifies, and what proof is required to succeed.
What Is Emotional Distress in Legal Terms?
Legally, emotional distress refers to severe mental suffering caused by someone else’s conduct, whether intentional or negligent. It may result from harassment, abuse, discrimination, or traumatic events.
In Alberta, courts allow such claims, but only when there is strong evidence of significant psychological harm. Such cases are generally classified into two distinct categories:
- Intentional infliction of emotional distress
- Negligent infliction of emotional distress
Each type has specific legal requirements that must be met for a successful case.
Intentional Infliction of Emotional Distress
This claim applies when someone deliberately behaves in a way that is deeply offensive or abusive, causing serious emotional harm. Common examples include persistent harassment or threats.
To prove this in Alberta, you must show the conduct was extreme, intended to cause harm (or recklessly indifferent), and led to a diagnosed psychiatric condition.
Strong evidence, such as medical reports or expert testimony, is essential to support your claim and meet the high legal threshold required by the courts.
Negligent Infliction of Emotional Distress
Unlike intentional cases, negligence-based emotional distress arises when harm results from carelessness rather than a purposeful act. This might include cases where someone suffers emotional trauma after witnessing a serious accident or as a result of receiving shocking or mishandled information.
To succeed in Alberta, you generally need to show:
- The defendant had a legal obligation to act with reasonable care toward you
- That duty was breached through careless or unreasonable behaviour
- It was reasonably predictable that the emotional harm you experienced could result from the defendant’s actions
- You experienced a medically acknowledged psychological injury
These claims must show a substantial and measurable effect on your mental health.
Challenges in Suing for Emotional Distress
While it is legally possible to sue for emotional distress, these cases face intense scrutiny. Alberta courts are cautious with such claims to avoid opening the floodgates to frivolous lawsuits. The burden of proof is significant, and compensation is only awarded when the injury is serious, lasting, and well-documented.
It’s also important to understand that emotional distress cannot stand alone in many cases. It’s often pursued in conjunction with other claims, such as personal injury, wrongful dismissal, or sexual assault. When tied to another actionable wrong, the likelihood of success increases.
How Kolinsky Law Supports Your Claim
At Kolinsky Law, we regularly assist clients through emotional distress claims tied to divorce, workplace trauma, or personal injury. As experienced Emotional Distress Lawyer in Edmonton, we understand the sensitive nature of these cases and approach them with professionalism and care.
We work closely with mental health professionals and legal experts to gather strong evidence and guide you through the legal process. Our goal is to ensure your claim is both legally sound and emotionally supported.
Conclusion: Is It Worth Pursuing?
Yes, suing for emotional distress in Alberta is possible—but it requires careful strategy, strong evidence, and legal guidance. If you’re struggling with mental harm caused by someone else’s actions, we encourage you to explore your legal options.
At Kolinsky Law, we’re committed to helping you seek justice and find resolution. Contact us for a private consultation, during which we can review your situation and help you understand your legal options.
