by admin | Mar 20, 2025 | Best Lawyer for Family Disputes, Best Lawyers in Edmonton, Blog, Cohabitation, Cohabitation Agreements, Family Attorney, Family Dispute Lawyer, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
Understanding Property Rights in a Cohabitation Split
In Alberta, property division laws vary significantly between married and common-law couples. Married spouses are covered under the Matrimonial Property Act (MPA), which ensures a structured division of assets. However, common-law partners, legally referred to as Adult Interdependent Partners, do not have the same automatic rights.
When an unmarried couple separates, asset division is primarily determined by legal ownership—meaning that whoever holds the title to a property or asset is recognised as its legal owner. This can create challenges when one partner has contributed financially or through unpaid labor but does not have legal ownership.
In such cases, legal doctrines like unjust enrichment and constructive trust may allow the non-owner to claim compensation or an interest in the property to prevent unfair financial gain.
Dividing Jointly Owned Assets
For jointly owned assets, the division is generally more straightforward. When both partners are listed on a property title, vehicle registration, or other jointly owned assets, they are typically entitled to a share.
However, the actual division may depend on financial contributions, maintenance efforts, or other non-monetary inputs made by each partner during the relationship. In cases involving joint bank accounts, funds are often split 50/50, but disputes can arise if one partner withdraws a significant amount before the separation is finalised.
In such situations, courts may intervene and adjust the division based on each partner’s financial contributions and fairness.
Unjust Enrichment and Constructive Trust Claims
If an asset is in one partner’s name but the other contributed significantly—financially or through unpaid labor—they may have a claim under unjust enrichment. This applies when:
- One partner benefits financially while the other suffers a loss.
- There was no formal agreement for compensation.
- Keeping the asset solely in one partner’s name is deemed unfair.
A constructive trust claim may also be used when a partner’s contributions increase an asset’s value, giving them a right to a share.
Handling Debt in a Cohabitation Split
Debt responsibility in a cohabitation split is typically assigned to the individual whose name appears on the loan or credit agreement. However, when both partners have shared financial obligations, such as joint loans, credit cards, or household expenses, the division of debt can become a legal issue.
Courts may assess each partner’s financial contributions, usage of borrowed funds, and the intended purpose of the debt to determine a fair allocation. If one partner incurred debt for mutual benefits, such as funding home improvements or covering shared expenses, they may seek reimbursement from the other partner, though disputes can arise in the absence of a formal agreement outlining debt responsibilities.
Cohabitation Agreements: Preventing Future Disputes
A cohabitation agreement can prevent disputes by outlining asset and debt division terms before issues arise. A legally binding agreement can:
- Define property ownership and division.
- Establish financial responsibilities.
- Outline how debts will be handled.
- Reduce the risk of legal conflicts.
Having a clear financial agreement in place can provide security for both partners and avoid costly legal battles.
Seeking Legal Assistance
Property and asset division in a cohabitation split can be complex, especially when high-value assets or financial contributions are involved. Since common-law partners do not have automatic property rights, seeking legal guidance from the Best Family Lawyers in Edmonton is crucial.
Courts consider various factors, including financial contributions, shared responsibilities, and agreements between partners, when determining asset division. Without clear documentation or legal protection, disputes can arise over ownership, compensation, or entitlement to shared property.
Understanding Alberta’s cohabitation laws and potential legal claims can help individuals protect their financial interests, prevent unexpected legal battles. These laws also help navigate the separation process fairly and effectively, ensuring a more equitable outcome.
by admin | Jan 21, 2025 | Best Lawyer for Family Disputes, Best Lawyers in Edmonton, Blog, Family Attorney, Family Dispute Lawyer, Family Law Lawyer
Going to court over family problems can drain your wallet and your emotions. As Edmonton’s Leading Family Lawyers, we’ve seen how court battles can make family issues even worse, often destroying relationships that could have been saved. The good news? You have better options.
From heated inheritance disputes to disagreements about elderly parent care to conflicts over family property – most family conflicts can be resolved without stepping into a courtroom.
Our Family Lawyers in Edmonton have helped hundreds of families find peaceful solutions, saving them not just time and money but also preserving those precious family bonds that matter most.
Here’s how you can handle your family dispute without the stress of court proceedings.
Understanding Your Options
Before rushing to court, you have several ways to resolve family conflicts. Here are the most effective approaches we recommend at Kolinsky Law:
- Family Meetings: Perfect for smaller disputes, these informal gatherings allow everyone to speak openly and work through issues in a familiar setting. We’ve seen families resolve inheritance questions and care responsibilities through well-structured family discussions.
- Mediation: A trained mediator guides the conversation while remaining neutral, helping both sides find common ground. This approach typically costs less than court proceedings and gives you more control over the outcome.
- Collaborative Law: Each person works with their own lawyer, but everyone commits to finding solutions outside court. This works especially well for complex family matters where legal guidance is needed but court battles aren’t desired.
Mediation: A Practical Solution
Think of mediation as having a referee for your family dispute. The mediator doesn’t take sides or make decisions – they help you and your family members talk things through. At Kolinsky Law, we’ve watched mediation work wonders, even in cases where family members barely spoke to each other. The best part? Mediation sessions usually cost about the same as a few hours in court.
You can tackle tough topics like estate planning, elder care decisions, or property disputes in a calm setting. Plus, what’s said in mediation stays private, unlike court proceedings which become public records.
Family Negotiations: Making It Work
Having helped countless Edmonton families, we’ve seen what works in family negotiations. Key steps for successful family talks include:
- Choose Neutral Ground: Meet somewhere that isn’t anyone’s home – this helps everyone feel more comfortable and reduces emotional tensions during discussions.
- Set Clear Rules: Establish basic guidelines like no interrupting, no personal attacks, and equal speaking time for all parties involved in the dispute.
- Stay Organised: Bring all relevant paperwork and keep a written record of what’s discussed and decided. This prevents misunderstandings later.
When to Get Legal Help
While many disputes can be handled through talking, some situations need legal guidance. At Kolinsky Law, we step in when families face complex property divisions, need help understanding their legal rights, or when emotions are running too high for direct talks.
Watch for red flags like someone refusing to share important documents, making threats, or rushing major decisions. Getting early legal advice often prevents more significant problems later. We can review agreements before they are final or join mediation sessions to make sure everyone’s rights are protected.
Moving Forward Together
Every family dispute has a solution – it’s just a matter of finding the right path. At Kolinsky Law, our proficient Family Lawyers in Edmonton AB have guided numerous Edmonton families through tough times without court involvement.
Need help figuring out your next step? Our door is always open for a consultation to discuss your family’s situation and find the best way forward. Remember, choosing alternative dispute resolution doesn’t mean giving up your rights – it means handling things wisely.
by admin | Dec 21, 2024 | Best Lawyers in Edmonton, Blog, Child Custody, Child Custody Lawyer, Child Custody Lawyer Edmonton, Divorce and Separation, Divorce Lawyer, Divorce Mediation, Family Divorce Lawyer, Family Law Lawyer, Family Lawyer
Introduction
Finding an Experienced Family Lawyer in Edmonton is the first and most critical step toward achieving your legal goals. At Kolinsky Law, we’ve seen how this crucial decision affects our clients’ experiences throughout their legal journey.
Finding a lawyer who not only understands the complexities of family law but also aligns with your personal needs can seem overwhelming. Whether you’re facing a Divorce, Custody Dispute, or other Family Law matters, we’ll guide you through the key factors to consider when selecting the right legal representation in Edmonton.
Specialisation in Family Law
Ensure your interests are protected by selecting a dedicated family law specialist. At Kolinsky Law, we exclusively handle family law cases, ensuring deep expertise in Divorce, Custody, and support matters. Generic practitioners may miss crucial details that specialised family lawyers routinely handle.
Track Record
Review the lawyer’s history with cases similar to yours. Ask about their success rate in negotiations and court appearances. Past performance often indicates future capabilities, especially in complex family law matters.
Local Court Experience
Edmonton’s family courts have unique procedures and expectations. Your lawyer should regularly appear in local courts and understand how specific judges approach family law cases. This local knowledge can significantly impact case strategy and outcomes.
Our extensive experience in Edmonton courts provides valuable insights for case management strategy.
Transparent Pricing
Understand the fee structure upfront. Quality lawyers provide clear, written fee agreements detailing hourly rates, retainers, and additional costs.
We believe in complete transparency about legal expenses to help clients budget effectively. Our detailed fee breakdowns ensure you’ll never encounter unexpected financial surprises.
Communication Style
Your lawyer should explain complex legal concepts in plain language. During consultations, assess their ability to listen and respond clearly to your questions. Look for a firm with an efficient team of paralegals and staff who ensure smooth case management and timely communication.
At Kolinsky Law, our well-organised office and support staff guarantee you’ll receive regular updates and prompt responses throughout your case. You’ll always know where your case stands with our direct communication approach.
Client References
Ask for references from previous clients. Speaking with past clients can provide valuable insights into the lawyer’s working style and effectiveness. We encourage potential clients to research our reputation thoroughly. Our satisfied clients often share their positive experiences with our professional and dedicated service approach.
Conflict Resolution Approach
Understand the lawyer’s approach to settling cases. While strong courtroom skills are important, a good family lawyer should also excel in negotiation and mediation to avoid unnecessary litigation costs. Our strategic approach focuses on finding efficient, cost-effective solutions while protecting your interests fully.
Contact Us
Take the first step toward resolving your family law matter by reaching out to Kolinsky Law. Our Best Family Divorce Lawyer in Edmonton office offers free initial consultations to discuss your case. Call us or visit Kolinsky Law. You can also visit our website to schedule a consultation. We understand your busy schedule and offer convenient evening consultations.
by admin | Nov 26, 2024 | Best Criminal Lawyer, Best Lawyers in Edmonton, Blog, Criminal Defence Lawyer, Criminal Lawyers, Family Law Lawyer, Family Lawyer
At Kolinsky Law, we regularly witness the serious consequences that arise when individuals fail to comply with probation orders in Alberta. A probation breach is not merely a violation of court-ordered conditions – it constitutes a separate criminal offence under Section 733.1 of the Criminal Code of Canada, potentially resulting in fines, imprisonment, and lasting impacts on one’s future.
Understanding these consequences is crucial, whether you’re currently on probation, facing a breach charge, or supporting someone in this situation. This article explains the legal ramifications and crucial steps to take if you’ve breached your probation order.
Legal Framework and Immediate Consequences
Probation orders in Alberta carry significant legal weight. When our clients face probation breaches, they often express surprise at the severity of the consequences. A breach can trigger immediate arrest without warrant, and courts may impose penalties, including:
- Imprisonment for up to two years
- Substantial fines determined by the court
- Extension or modification of existing probation terms
- Additional community service hours
- Stricter reporting requirements
Beyond these immediate penalties, a probation breach conviction creates a separate criminal record entry, compounding the impact of the original offense.
Common Breach Scenarios
Our extensive case history has identified several recurring situations that lead to probation breaches. Missing scheduled appointments with probation officers ranks among the most frequent violations.
Other common breaches include failing to complete mandated counseling programs, violating no-contact orders, or breaking curfew requirements. Even seemingly minor infractions, such as failing to report a change of address, can trigger serious legal consequences.
Impact on Future Prospects
At Kolinsky Law, we emphasize to our clients that probation breaches can significantly impact their future. Employment opportunities often diminish, as many employers conduct criminal record checks.
Travel restrictions may apply, particularly to the United States, where border officials scrutinize criminal records closely. Educational institutions and professional licensing bodies may also consider probation breaches when evaluating applications.
Steps to Take Following a Breach
If you’ve breached your probation conditions, immediate action is crucial. Our experience shows that courts often consider an individual’s response to a breach when determining penalties. We recommend:
- Documenting the circumstances surrounding the breach
- Maintaining compliance with all other probation conditions
- Gathering evidence of any extenuating circumstances
- Seeking immediate legal representation
Prevention Strategies
Our legal team regularly advises clients on effective strategies to maintain probation compliance. These include:
- Setting up automatic reminders for appointments and obligations
- Maintaining detailed records of all probation-related activities
- Establishing open communication channels with probation officers
- Addressing potential compliance challenges proactively
Support Systems and Resources
Through our practice, we’ve established connections with various support services across Alberta that can help individuals maintain probation compliance. These include counseling services, addiction treatment centers, employment assistance programs, and mental health resources. Our firm can help connect you with appropriate support systems to ensure successful probation completion.
Legal Defense Options
When handling probation breach cases, we explore various defense strategies. Courts may consider factors such as:
- The type and seriousness of the breach
- The individual’s overall compliance record
- Personal circumstances affecting compliance
- Efforts made to rectify the breach
- Evidence of rehabilitation progress
As your legal advocates, we carefully examine these elements to build a strong defense strategy tailored to your specific situation.
Contact Us
At Kolinsky Law, we understand that maintaining perfect compliance with probation conditions can be challenging. However, the consequences of breaching these orders are severe enough to warrant immediate attention and professional legal assistance.
If you’re facing probation compliance issues, we encourage you to contact our office for a confidential consultation. Our skilled Family Lawyers in Edmonton are here to safeguard your rights and strive for the most favorable outcome in your case.
by admin | Oct 16, 2024 | Best Lawyers in Edmonton, Blog, Family Law Lawyer, Family Lawyer, Grandparents Rights
The bond between grandparents and grandchildren is deeply valued in Edmonton, but sometimes, legal challenges can strain these important relationships. As family dynamics change due to divorce, separation, or other circumstances, grandparents may struggle to maintain contact with their grandchildren.
This blog post talks about grandparents’ rights in Edmonton, focusing on visitation and custody issues. We’ll explore the legal landscape, discuss key considerations, and provide insights into how grandparents can navigate these complex situations.
Whether you’re a grandparent seeking to understand your rights or a parent curious about the legal standing of grandparents, this information will help you grasp the essentials of this important aspect of family law in Alberta.
Key Takeaways
- Grandparents in Edmonton don’t have automatic rights to visitation or custody, but can seek contact orders through the court system.
- The primary consideration in all cases involving children is the best interests of the child.
- Factors considered by the court include the child’s needs, existing relationships, and any history of family violence.
- Mediation and alternative dispute resolution are often recommended before pursuing legal action.
- Grandparents can seek both visitation (contact) and, in rare cases, custody of their grandchildren.
- The legal process typically involves attempting to resolve issues directly, considering mediation, and then filing a court application if necessary.
- Professional legal guidance is often crucial in navigating the complexities of grandparents’ rights cases.
Understanding Grandparents’ Rights in Edmonton
In Edmonton, as in the rest of Alberta, grandparents’ rights are not explicitly defined in family law legislation. However, this doesn’t mean that grandparents are without options when it comes to maintaining relationships with their grandchildren. The Family Law Act of Alberta provides a framework for grandparents to seek contact with their grandchildren through the courts if necessary.
Legal Standing for Grandparents
Grandparents don’t have automatic rights to visitation or custody of their grandchildren. However, they can apply to the court for a contact order, which, if granted, allows them to spend time with their grandchildren. The court’s primary consideration in these cases is always the best interests of the child.
Factors Considered by the Court
When deciding on grandparent visitation or custody, Edmonton courts consider several factors:
- The child’s physical, psychological, and emotional needs
- The child’s relationship with the grandparents
- The history of care for the child
- The child’s views and preferences (if they are old enough to express them)
- The ability of the grandparents to care for the child
- Any history of family violence
Visitation Rights
Visitation, or “contact” as it’s legally termed, is often the primary goal for many grandparents. If parents are denying access, grandparents can seek a contact order. This order can specify when and how grandparents can spend time with their grandchildren, including in-person visits, phone calls, or video chats.
Custody Considerations
In some cases, grandparents may seek custody of their grandchildren. This is typically considered in more extreme situations, such as when parents are unable to care for the child due to substance abuse, incarceration, or other serious issues. Custody for grandparents is not common and requires strong evidence that it’s in the child’s best interests.
Mediation and Alternative Dispute Resolution
Before going to court, grandparents are advised to try mediation or other forms of alternative dispute resolution. These methods can be less adversarial and may help preserve family relationships. As experienced Family Lawyers in Edmonton, we often recommend exploring these options first.
Legal Process for Grandparents
If you’re a grandparent seeking visitation or custody rights in Edmonton, the process typically involves:
- Attempting to resolve the issue directly with the parents
- Considering mediation or counseling
- Filing an application with the court for a contact order or custody
- Attending court hearings and presenting your case
Challenges and Considerations
Pursuing grandparents’ rights can be emotionally and legally challenging. It’s important to consider the impact on family relationships and the well-being of the children involved. Courts in Edmonton are cautious about interfering with parental decisions unless there’s a compelling reason to do so.
How Kolinsky Law Can Help
The Best Family Lawyers in Edmonton understand the complexities of grandparents’ rights cases in Edmonton. As experienced family lawyers, we can guide you through the legal process, help you understand your options, and advocate for your rights while keeping the best interests of the children at the forefront.
Our team is well-versed in Edmonton’s family law landscape and can provide the following assistance:
- Evaluating your case and advising on the best course of action
- Representing you in negotiations with parents or their lawyers
- Preparing and filing necessary legal documents
- Advocating for you in court if litigation becomes necessary
- Exploring alternative dispute resolution methods
We recognize that these situations are often emotionally charged and approach each case with sensitivity and discretion. Our goal is to help you maintain meaningful relationships with your grandchildren while navigating the legal complexities of Family Law in Edmonton.
If you’re a grandparent in Edmonton who wants to understand or assert your rights regarding visitation or custody of your grandchildren, don’t hesitate to contact us. At Kolinsky Law, our Family Lawyers in Edmonton are committed to helping families find positive solutions to complex legal challenges. Contact us today to schedule a consultation and take the first step towards securing your relationship with your grandchildren.
