Property & Debt Division

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Whether you are married or in a common law relationship, the issue of what to do with assets and debts upon separation arises. In all provinces there is a basic right to share property acquired during the a marriage equally, subject to some very specific exceptions. There is no such presumption of equal sharing, or sharing at all, following a common law relationship.

 

The exceptions to sharing assets and debts following marriages are quite well defined. However, the treatment of assets acquired after separation, how assets are to be valued, the date of valuation, how tax and other “embedded” liabilities in assets are to be treated, the best tax avoidance strategies, etc., are often highly complex and can be very confusing.

 

The potential for unintended, sometimes devastating consequences in the division of assets and debt should cause one to review their circumstances very carefully with a lawyer before making any lasting decisions.

 

With the use of properly executed contracts and certificates of independent legal advice, parties can successfully remove a Judge’s ability to interfere with the property division they have chosen. Review your specific circumstances with your lawyer so your negotiated property division is clear and binding.

 

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Moe Hannah LLP

Client safety is important to Moe Hannah and so is client service. The health of our staff and clients is our top priority.  If clients and counsel prefer to work remotely during this difficult time, options exist for us to provide this service. Moe Hannah is able to do “virtual” non face-to-face meeting through internet conferencing.  We can do virtual consultations, mediation, or mediation/arbitration.
 
We can make it easy!
 
We will email a link for the conference to each person. The only requirement is internet access and a device suitable for the conference, ideally a camera and microphone.  Some people just use their cell phones. 
 
If you have any questions, please call or email us to talk about how we can make this work. 
 
We can still meet at Moe Hannah LLP for those people that would prefer to personally attend.  Everyone entering our office will be screened in accordance with the latest Alberta Health Guidelines. 
 
Our lawyers and assistants are set up to work remotely and we will continue mediation, mediation/arbitration and client meetings using Teams Video Conferencing, as well as our regular telephone conferencing.
 
Consider Alternative Dispute Resolution
 
The Courts have announced that they are limiting access to urgent family law mattes. In light of this, parties may want to consider the mediation/arbitration process.  Please get in touch with your lawyer and/or assistant if you have any questions regarding your matter.
 
We look forward to working with you and helping you move forward during this difficult time. 
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