What Makes You Un-Married in Calgary Family Law?

What Makes You Un-Married in Calgary Family Law?

By Hart Legal Law   November 09, 2017   No comments:

When working with the many family lawyers in Calgary, it is likely that you will be working on a divorce or split case. This means that you are likely either trying to end a marriage, or dispute that you were ever in a marriage. As we mentioned in a previous blog, though, you don’t need to put a ring on the finger for a marriage to become a marriage!

Many couples choose not to get married today and instead live together in what Calgary family law known as “Common Law” relationships. The Adult Interdependent Relationships Actis a major player in helping to see how a relationship is defined – you don’t need to have been married to be seen as being in a marriage-like relationship. At the same time, though, it’s rare but possible that you could be married and somehow escape marriage-like issues.

Without clear definition within the relationship, though, it’s very hard for the court to know 100% what was going on. At this point, it’s important to know if you are married or simply in what is known as an Adult Interdependent Partnership; if you either have children together or you have been together in a relationship of interdependence for 3+ years, you are likely to be ruled for/against in a different manner.

Typically, the key factors that determine interdependence would include:

·   How exclusive you are both to one another – is there anyone else involved?Is it exclusive?

·   Is it fully conjugal?

·   What kind of living arrangements exist? How does one live with the other, if they do?

·   How important is the other member of the relationship to the other person’ economic stability?

·   How do they manage legal responsibilities with regards to one another?

·  Do they make any kind of contribution to the other person’ ability to live a functional life?

·   The management and care of any children in the relationship.

·   The ownership or management property as a duo, not alone.

These major factors will play a massive role in determining what kind of solution you are likely to get from your life. If you are looking to understand what kind of relationship you are likely to need to deal with, and then hire one of the many Divorce Lawyers in Vancouver and Calgary has.

They can take a closer look at your current situation in respect to modern Calgary family law and make a decision to press on with a particular kind of separation. While a frustrating experience, it’s one that can easily be corrected if you are willing to work with legal counsel. Make sure you work with a Family Law Lawyer in Calgary, though; they are best-placed to fully “get” your situation. 

Read More

Can You Be Tricked Into Child Support?

Can You Be Tricked Into Child Support?

By Hart Legal Law   November 05, 2017   No comments:

For any Calgary family law expert, the law of the land is fairly clear – most of the time. Sometimes, though, interesting verdicts arise that might challenge the morality of intellectual validity of a decision that is being made. For example, many Calgary family law firms are clear on the matter of how child support works; it’s more or less in black and white how such rulings will work.

What, though, if one member of the soon to be finished marriage claims to have been tricked?

“I thought she was taking contraceptives!” is an uncommon but valid thing to hear in the courtroom. Is it valid enough to get you off with having to pay child support, however?

Comically, though, many men who are caught in this situation – not wanting a child but ending up with one anyway – took no steps to prevent such an issue themselves. If you never went for a vasectomy or have proof that you cannot produce, then… well...sorry.

Simply being ‘tricked’ is not enough to get you off with child support; even the best Calgary family lawyers will not be able to help you with that.

Taking the ‘lie’ in good faith is nowhere near good enough to avoid you having to pay child support. Even if the mother claims to be incapable of conceiving or claims to be using contraceptive, it is still not enough. All Family Law Firms Calgary has to offer you will find it hard to win that kind of battle – simply being found out to have believed someone who was not telling the truth, without any kind of clear proof to back up the deceit, is not enough.

While previous cases of men arguing for what is known as “non-pathological harm” in that they were forced into being a father at a time not of their choosing, it’s still not enough to avoid having to pay child support. Since family law differs from most other forms of law, there is no legal precedent that exists where a case has been won by a father that allowed them to escape child support purely because they were “careless”.

As such, any fathers who are serious about making sure they can battle a child support claim will need to show that they made a clear effort to avoid being able to conceive a child first. You might not have wanted the child now – but it still happened. Unless you can prove that you literally cannot have children, then the chances of escaping child support – even if you never ‘asked’ for the child or ‘believed’ the mother – are very slim indeed.

For more detail Visit Top Family lawyer in Vancouver.

Read More

Why Honesty is the Best Policy in Divorce Settlements

Why Honesty is the Best Policy in Divorce Settlements

By Hart Legal Law   November 05, 2017   No comments:

When undergoing any kind of family law dispute, it helps to get a top divorce lawyer in Vancouver involved. The right person can be the difference between success and failure, and the better and more experienced they are in the problems you face, the better. However, the main reason why you should one of the various family lawyers Vancouver has to offer you is because it means you can be 100% honest during the case.

This is more important than it might sound. When we go it alone for a legal case, it’s tempting to be dishonest in the courtroom. If you want the best chance of both succeeding with your Vancouver family law expert, you have to give them the whole truth and nothing but. Honesty is the best policy in life in general, but in court it’s a non-negotiable fact.

Without being honesty, you are putting yourself in a position whereby you can be easily challenged. Even the Top Divorce Lawyer in Calgary cannot get you out of trouble if you start telling lies in a courtroom. Every lie cannot be backed up; there is no evidence to work your lie around.

This is why going into a courtroom with a pack of lies will not get you very far; honest disclosure at the beginning of any courtroom battle is absolutely vital. This goes for everything – especially your finances.

In a courtroom, you will be judged on many things, including how you put across your financial situation. Many people make the mistake of concealing assets in a bid to try and have to pay out a smaller settlement. This is going to be make you look very bad when you get found out, and will more or less ruin the entire case for you.

So, at the very start of proceedings, you should almost certainly exchange full financial disclosure. You need to provide your family law expert in Vancouver with all the details, not only some of them. This will make it easier to come up with a division of the assets that makes sense to all parties.

Always be forthcoming about everything; failing to mention any kind of disclosure is then seen as false disclosure, which can become a massive problem for you. Not only will it mean paying out far more than you would if you were honest, it will go against you in various ways during the courtroom case.

There is no benefit to hiding financial details or any other pertinent information during a case of this kind; it’s only going to lead to more issues than solutions most of the time. You should look to make this clear with any legal mind that you work with; no matter what Vancouver Family Law Lawyers you hire; without the full truth they cannot help you.

Read More

How to Adjourn a Family Trial in Vancouver

How to Adjourn a Family Trial in Vancouver

By Hart Legal Law   November 01, 2017   No comments:

For anyone who is hiring an expert in family law Vancouver has various legal obstacles that you need to get over if you want to be a success. For example, many people struggle to get the right kind of legal representation because they are unsure of what they actually need to successfully combat and take on the case. Any Vancouver family law lawyer can help you to battle a family law dispute, but it takes a good lawyer to make sure you can get an adjournment.

Many people find it hard to get an adjournment, as the Vancouver courts are usually very strict about this. They don’t like giving people the excuse to not turn up to their court case, and don’t like to adjourn a case as it means that the family stress and strife is only going to continue on even further as the day goes on. If you would like to avoid this problem, then we recommend you look at these ideas on how to best adjourn a family trial in Vancouver.

Now, a when it comes to choosing a family law lawyer, Vancouver residents should know that they have access to many options. However, while any legal mind can stand with you as you face the courts, only certain excuses will be accepted when you wish to adjourn your court meeting. To help you make the right call, we recommend that you know the process to follow.

Adjourning a Family Law Trial in Vancouver

So, most of the time you need to follow these specific instructions to file an adjournment. While your argument and reasons will be the key deciding factor that determines if you can be successful, the process for actually applying for adjournment is a major part of the decision making progress. So, what do you need to do if you wish to go about successfully adjourning a family law trial in Vancouver?

• First off, you need to make sure you hand in a Notice of Application – this must happen before the trial starts. You will need to ask the judge during your NoA to adjourn the trial. It must be placed at any point before the beginning of the trial, so never delay or waste time – the earlier, the better, as you can imagine.

• Work with your Vancouver family lawyer to make a clear call on what is to take place. Bring your application forward together, working on the reasoning and argument that should hopefully help you avoid the situation from being rejected.

• Attach your Affidavit as well, as this must be part of the application. This will explain each of the reasons why you need an adjournment – be as detailed as you can, as they usually don’t accept anything other than very fair and legitimate reasoning.

If it is granted, then you will need to both file a trail notice and pay around $200 to book the new trial – so only go for an adjournment if you can afford to pay the fee on top of waiting around to see it all start again!

Should you need any advice, and then contact a Vancouver Family Law Lawyer  Divorce Firm as soon as possible to make sure your chances of success are as high as possible!

Read More

What to Expect During Cohabitation Agreements - Family Law Lawyers Calgary

What to Expect During Cohabitation Agreements - Family Law Lawyers Calgary

By Hart Legal Law   October 29, 2017   No comments:

For anyone trying to work out the complex and often challenging Calgary legal system, one of the most confusing elements can be a cohabitation agreement. In Calgary family law circles, this is one of the most challenging acts to deal with given the sheer volume of circumstances that cohabitation can apply to. At that point, the one thing that you need to make sure you have on-side are Calgary family lawyers who you can trust to deliver what you have asked for.

High-quality Calgary law firms need to be able to deal with the challenges involved in a cohabitation case. Given the variable nature, it’s vital that you hire someone with an experience and understanding of the challenges involved. Otherwise, it can be very hard to leave the courtroom will confidence in the result that you have achieved.

Cohabitation agreements are when your boyfriend/girlfriend moves in with you. Congratulations are in order, of course, but the reason you should seek out the opinion of Calgary family law firms is because there are many mistakes which are easy to make during the cohabitation process. This is a major step forward for any relationship, especially in a legal sense; it means dealing with a lot more than you may have originally planned for.

The Steps of a Cohabitation Agreement

After a 2-year period, you will need to be deemed as a spouse per the Family Law act. Working with the various family law firms Calgary has to offer will ensure that you get the information that you need in a timely manner. Without an agreement in place, your cohabitation means that you have all the same rights and responsibilities as if you were married; with all the pros and cons that this means.

For many Calgary lawyers’ family law can be hard to deal with because of the need for clauses and agreements, but cohabitation agreements can be made easier with the right legal counsel. You will need to appreciate that without an agreement this would mean that in separation you would be treated the same as a spouse, meaning that there would be a lengthy – and costly – settlement needed that ensures both parties get their fair share.

A cohabitation agreement, though, can make sure that if things do not work out in the long-term that you can get a settlement without having to make the same concessions. If this is bothering you and you would like to get around this problem, then hiring one of the many Calgary Family Law Lawyers Firms is a good way to move forward.

This can give you the representation that you need to find answers to what can be a very confusing time period. Without making the right change, though, you could find yourself paying more than the share you thought you had to thanks to the Family Law Act. Make sure that all parties are either happy with this recommendation, or take the steps to undergo a cohabitation agreement to allow for such separation without the extensive financial costs involved.

Read More

How to Manage Best Division of Property

How to Manage Best Division of Property

By Hart Legal Law   October 23, 2017   No comments:

In life, all manner of challenges can leave us without an idea of how to best progress in our lives. Sadly, many people have to go through the pain and suffering of a divorce procedure, and this can mean bring in a Calgary family law expert to help you solve the problem. While many people can find it hard to come to a conclusion about what to do in terms of marriage or divorce, a common problem that stems from this is dealing with the division of property.

Regardless of what Calgary family lawyers you hire, the emotional burden in the middle of a divorce can be hard to cope with.

This is why having a legal team around you to help you manage the inner workings of division of property is so important. Basically, the aim here is to try and determine who keeps what instruments at the end of the marriage. Who is going to retain those particular pieces of equipment? What is going to be left behind for you?

Finding Answers in Division of Property Family Law Cases

To best cope with this problem, you are better one of the many family law firms Calgary can offer you. A firm can look at your own specific issues and make sure there is a clear plan of action. One of the main stressors in undergoing a separation is the management of who keeps what; good legal assistance can make sure you have access to a solution that makes sense.

Most of the time, one of the major issues will stem from who gets to retain what part of the property that you won, as well as the kind of relationship that you are in. Property rights change extensively when you hand them over via marriage, but they can be a hugely different if your relationship falls under a common law relationship instead.

You could have rights to different pieces of property, though, and it means working with one of the various Calgary family lawyers to make sure you can get the right answers each time. With so many rights left unexplained in laymen’s terms, though, you can be left thinking you are protected when the reality says otherwise. This is why it matters so much to get legal assistance involved.

They can give you the information that you need to make more intelligent moves. For the various Family Law Lawyers Firms & Divorce Lawyers in Calgary has to offer, you want to make sure that the answers you get are specific to your case. With so much specification and individual management of these cases, it pays to have assistance from people who know the industry and can help you find an amicable solution. 

Read More

Calgary Family Law for Same-Sex Couples

Calgary Family Law for Same-Sex Couples

By Hart Legal Law   October 16, 2017   No comments:

In Calgary, people have been proud to be known as an open, honest and very caring location. It’s a region of Canada that makes sure that everyone who lives here, regardless of anything, can be appreciated and understood. Same-sex marriage is no different, having been legalized in July 2003 in the region and July 2005 for the whole of Canada. As part of the Civil Marriage Act, the rights of same-sex couples were justifiably normalized. However, this also means that during same-sex separation, the rulings and regulations during the court case will be broadly similar. When hiring any Calgary family law firms, though, you know you’ll receive the same assistance and expertise as anyone else.

That, though, means that handling the challenge of separation is going to be much the same. You should start investigating the Family Law Firms Calgary has to offer who can help you find the right route to resolution. From managing the separation to ensuring that both sides can have an amicable agreement, many reasons exist as to why you should engage with a Calgary family law expert. Since there is no real difference in handling the case in court, you can feel far more comfortable taking the desire for separation further forward.

The same challenges await your case as anyone else. There is no reason to assume that your case will be different; with the right help from the Calgary family lawyers that you hire you can make a telling difference to how you think and feel about your separation experience.

It’s important that you look for legal counsel, then, that is:

·         Affordable and within the budget that you can reasonable manage.

·    Happy to take your side in the argument and help present that in the   courtroom.

·         Experienced in managing difference between same-sex couples to try and find the best resolution.

·   Capable of fully taking on the Family Law Act and enacting it in the right way to ensure you get the kind of assistance that you need.

For this reason, it always pays to hire the most experienced Calgary law firm for your needs. There is no point to deviate or put yourself under needless pressure during the case; working with someone who you know can help you get the resolution that you deserve.

For Calgary lawyers’ family law is one of the most important topics to excel in, ensuring that the people of Calgary can get the help and representation that they need. Never feel like you are short of legal representation in a court case, though. With the right choice of legal mind, you are far more likely to be able to deal with the challenges that exist within ensuring you are successful. 

Read More