Name: McLean Legal Family Lawyers
Address: Calgary Alberta Canada, AB
Telephone: 587-353-2632
Price range: $$ - $$$

Child support agreements and Orders are crucial in ensuring the well-being of children after the separation or divorce of their parents. However, as the child’s circumstances change over time, these agreements and Orders may need to be modified. In Calgary, modifying these documents should be done formally to ensure that both parties know the new arrangements and to reduce potential strife between them. This blog addresses how to proceed in making the necessary modifications.

Understanding the Need for Modifications

The first step in altering a child support agreement or Order is recognizing why the change is necessary and is it a change that is “material.” In other words, a significant change that affects a child. Examples of material changes could include changes in either parties’ income, employment status, living arrangements of either parent, an important change in the child’s life such as a transition from kindergarten to elementary school, changes in needs of the child, or changes in section 7 expenses. It’s essential to document these changes thoroughly as they form the basis for negotiating, making or requesting a modification from the Court.

Attempting to Reach New Terms in an Agreement or Order

The Court requires parties to participate in some form of alternative dispute resolution prior to being able to bring a Court application. This can take many forms, including a four-way meeting between counsel and the parties, private mediation or mediation/arbitration, or Court-assisted mediation (called a Dispute Resolution meeting or an Early Intervention Case Conference) or mediation/arbitration (called Judicial Dispute Resolution). Modifications work best when the parties can reach an agreement themselves as opposed to having some unrelated Third Party (either privately hired or the Courts) impose terms upon them.

If parties have a Separation Agreement, they can draft an amendment to this document with such mandatory schedules as may be legally required, and then this should be followed up with the filing of a Consent Order codifying the terms of the modifications. If they do not have a Separation Agreement or also have an existing Order in place, amendments can be made by consent and the filing of a revised Order with the Court.

Drafting Revisions to an Agreement or existing Order

When drafting a new agreement and/or revising an existing Order, ensure that it is abundantly clear what paragraphs are being amended and that they are written in plain language that is easy for anyone reading it to clearly understand. If amending child support provisions, it is recommended that you consult with a child support lawyer during this process to ensure that the wording also complies with Canadian family law and adequately addresses the entitlements of the child to financial support.

Filing the Revised Order with the Court

Any Order that revises a previous one must be filed with the Court as this provides that it will be legally enforceable. In the case of revisions that affect child support, if your original Order was registered with Alberta Maintenance Enforcement, then you must also provide that organization with the revised, filed Order so that they may update their records.

Applying for a Court-Ordered Modification

If the parties have already attempted some sort of mediation but it was unsuccessful, one party may need to apply to the court for a modification of the existing agreement and/or Order. This involves filing an application that is supported by an affidavit that outlines evidence of the material change of circumstances that justify the modification. The other party will be given an opportunity to respond to the application before the hearing date that will be set.

Attending the Court Hearing

Once the application is filed, the Court will schedule a hearing where both parties can present their various positions with regard to the modifications. During the hearing, the judge will consider the evidence and arguments from both sides before making a decision; keep in mind that the judge’s primary concern is the best interest of the child, and the decision will reflect this principle.

Receiving the Court’s Decision

After the hearing, the Court will either issue an immediate decision regarding the modifications sought or reserve a decision; in which instance the parties would be required to return to Court on another occasion for that decision. If the Court grants the modification, a new Court Order will be issued, reflecting the changes, and both parties must then comply with the new terms.

Partner with a Child Support Lawyer in Calgary

Modifying a legal agreement or Order in Calgary involves a structured process to ensure that changes are legally justified and in the best interest of the child. Whether through mutual agreement or Court intervention, it’s essential to approach the modification with thorough documentation and, preferably, legal guidance.

Know that the experienced and dedicated team at McLean Legal Family Lawyers is committed to assist you with all family matters including, child support, separation agreements, and other concerns. Contact us today to schedule a consultation, and together we can explore your options.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

At McLean Legal Family Lawyers in Calgary, we understand that ensuring consistent and timely child support payments is crucial for the financial well-being of your family as unpaid obligations by a payor parent can create significant strain and stress. Here, we will explore nine effective strategies to help you pursue the collection of unpaid child support.

Understand Your Legal Rights

The first step in pursuing unpaid child support is understanding that, under Canadian law, this is a legal obligation, and non-payment of support for children is taken extremely seriously by the Courts. Firstly, familiarize yourself with the child support order or agreement already in place, and the specific amounts owed so that you can then take action in an informed and appropriate manner.

Document Everything

Keeping detailed records is essential when pursuing unpaid child support. Document all communications with the non-paying parent, including emails, texts, and phone calls. It is also recommended that you maintain a chart/log of all missed payments and any partial payments received, by month. These records will be valuable evidence if the circumstances escalate and you need to work with a family lawyer in Calgary.

Communicate with the Non-Paying Parent

Before taking formal legal action, consider attempting to resolve the issue through direct communication with the non-paying parent. The payor may be facing temporary financial difficulties or other challenges that have prevented him or her from making payments; remember that open, respectful communication can sometimes lead to a mutually-agreeable solution.

However, ensure that any agreements that are made following these communications are documented in writing, at the most simple with an email or text requesting the payor to confirm the terms of the agreement or, more formally, by having the agreement reflected in a Consent Order that will then be filed with the Court.

Seek Legal Advice

If direct communication fails to resolve the issue, seeking legal advice is the next step. At McLean Legal Family Lawyers, our experienced team can provide you with the guidance and support needed to navigate the complexities of child support enforcement. We can help you understand your options and develop a tailored strategy to pursue the uncollected payments effectively.

Utilize Enforcement Agencies

In Alberta, the Maintenance Enforcement Program (MEP) is automatically included as the enforcement mechanism in all Court Orders for child support collection and enforcement. However, a recipient of support is still required to contact MEP, open a file, and swear a statement attesting to any existing arrears of support, by month. Once a file is opened, MEP ensures that child support payments are made to its office, it keeps a record of all payments and defaults of payments, and forwards all payments received to the recipient of support.

Keep in mind, however, if support is due on the 1st of each month, it will take MEP around 7-10 days to ensure the payment clears before forwarding payment to you. If a file goes into default for too long, MEP can take steps to enforce child support orders such as garnishing wages, seizing assets, intercepting federal payments (like tax refunds), and suspending driver’s licenses or passports. MEP’s collection and enforcement of child support orders is free for anyone who is a recipient of support and you can call in at any time and make inquiries about the status of your file.

Enforcement outside of MEP

If a recipient of support has never filed with MEP for collection, or wishes to remove themselves from MEP to attempt to take enforcement proceedings faster than MEP would get to it, then lawyers can be of assistance. It is important to note, however, that once you remove yourself from MEP, then MEP will be unlikely to permit you to re-apply for their assistance. It is too much of an administrative burden for a recipient of support to constantly enter and exit the program and it also makes it challenging for the payor of support to know whom to pay.

Enforcement outside of MEP is also not free – steps that MEP might take longer to get to can be taken by your lawyer but you will have to pay your chosen lawyer’s hourly rate through a retainer.

Explore Contempt of Court

If the payor parent is in violation of court-ordered child support, it is possible to file an application for contempt of court. This application requests that the court enforce an order by imposing sanctions upon the payor parent for non-compliance. Penalties could include fines, restrictions on the payor parent being unable to file any applications of their own with the Court until the contempt is corrected, or even jail time (in severe cases).

While penalties may be a wake-up call for a payor parent, chances are that if he or she wasn’t paying child support, another order including penalties is unlikely to be effective, either. Thus, other actions would need to be explored.

Explore Wage Garnishment

Once a determination of arrears has been made by a Court, the totality of the arrears can be registered as a writ of enforcement (a debt owing) with the Alberta Personal Property Registry. Once that writ has been filed, wage garnishment can be a very effective tool for collecting unpaid child support if you know who the payor parent’s employer is. This legal process involves deducting the owed amounts directly from the non-paying parent’s paycheck (at source with their employer).

Those deductions are paid into Court and after approx. a month or so after starting this process, the Court will commence sending the monies collected to you directly or, if you have a lawyer, to your lawyer’s office for your attention.

Consider Filing Against Real Property

In some cases, filing a writ of enforcement against the payor parent’s real property (i.e. a residence or any investment properties) can be an effective strategy. That filing will prevent the property being mortgaged, prevent a mortgage renewal/refinace or from being sold without the debt owed to you being repaid. It may take some time until one of these situations arises so you need to understand that payment may not be received in the short term.

Stay Informed and Persistent

Patience and persistence is key when pursuing unpaid child support. Legal enforcement can be a lengthy process, but with determination and the right strategies, you can secure the payments your child is entitled to.

Your Family Lawyers in Calgary

At McLean Legal Family Lawyers in Calgary, we are committed to helping you achieve a fair and just resolution in child support matters. Our dedicated team is here to support you every step of the way, ensuring that your family’s financial needs are met. If you need assistance with unpaid child support, contact us today to schedule a consultation, and together we can explore your options.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, divorce, mediation and separation agreements, as well as civil litigation, commercial/corporate, and real estate law. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Disputes can be both stressful and challenging and here at McLean Legal Family Lawyers, we understand that. Finding a solution that satisfies all parties can be tough when conflicts arise. That’s where mediation comes in. Mediation is a powerful tool for resolving disputes in a less adversarial way. It is particularly effective in family law matters. If you’re facing a conflict, mediation in Calgary can offer a path to resolution that is both effective and satisfactory to the parties..

What is Mediation?

Mediation is a process where a neutral third party, known as a mediator, helps disputing parties reach an agreement in respect of all, or part, of the issues in dispute. Unlike a judge or arbitrator, a mediator doesn’t decide for you. Instead, they guide the conversation, giving the benefit of their expertise and understanding of the law, facilitating better communication and to find common ground. This makes mediation an excellent option for family disputes, preserving relationships (be it between the parties themselves or each party and their children) and finding mutually acceptable solutions.

Benefits of Mediation in Calgary

Cost-Effective

Legal battles can be expensive. Court fees, legal fees, and other costs and disbursement can add up quickly. Mediation is typically more affordable because the parties decide how much time they will devote to it and fewer resources are involved. This means you can potentially resolve your disputes without breaking the bank.

Faster Resolution

Court cases can drag on for months or even years as everyone in Alberta who has a dispute is attempting to vie for the same limited available hearing dates. Mediation, on the other hand, can often be completed in a matter of weeks, depending upon the mediator chosen and his/her schedule. This quick turnaround is ideal for those who want to “just get it done” and move on with their lives without further stress and a prolonged legal battle.

Confidential

Mediation sessions are private and confidential. Unlike court cases, which are public records, what happens in mediation stays in mediation. Privacy is crucial and avoids the dispute spilling over to extended family and friends and those people taking one person’s side over another.

Control Over the Outcome

In mediation, you and the other party have control over what is included in the final agreement. You are not relegated to a decision given by a Justice which, while aligned with the law, may not be your desired outcome. This control allows for more creative and personalized solutions that work best for you and your family.

Improved Relationships

Mediation focuses on communication and cooperation, which can help improve inter-personal relationships with your former partner/spouse. This is particularly important in family law, where ongoing relationships (such as co-parenting) continue until the child(ren) of the relationship are no longer minors and no longer entitled to support from either party.

How Mediation Works

The mediation process typically starts with both parties agreeing to mediate. Then, a mediator is chosen and a mediation agreement signed agreeing to the mediator’s hourly rate, the issues to be mediated, how the mediation will be conducted, and how many hours will be devoted to the mediation process.

During mediation sessions, each party can share their evidence, their positions regarding the evidence, their perspectives and concerns. The mediator facilitates the conversation, helping the parties explore options and negotiate a settlement. Once an agreement is reached, it is put in writing, shall be made legally binding and can be filed at the Courthouse.

Conclusion

At McLean Legal Family Lawyers, we believe in the power of mediation to resolve disputes effectively and amicably. Whether you’re dealing with a divorce, child custody issues, or other family matters, mediation in Calgary can provide a pathway to resolution that saves time, money, and stress. By choosing mediation, you are taking a proactive approach toward finding a peaceful and satisfactory solution for everyone involved. Contact us today if you want to learn more about how mediation can help you. We are here to support you every step of the way.

In the business realm, legal obstacles can arise unexpectedly and they may threaten your stability and growth. This is the point where commercial lawyers serve as your trusted navigators, guiding you through the corporate law process to set the conditions for a secure and, hopefully, prosperous business. In this blog, we’ll delve into the invaluable role these types of lawyers play in safeguarding your business interests and setting them up for success.

Understanding the Role of a Commercial Lawyer

Commercial lawyers provide essential guidance across various industries, offering expertise in contract negotiation, drafting and review, corporate governance, intellectual property protection, and dispute resolution. In addition to their legal expertise, commercial lawyers can also provide strategic insights tailored to your specific business needs, helping you anticipate and to mitigate potential risks.

Commercial Lawyers Navigate Legal Requirements and Compliance

In addition to their core legal services, commercial lawyers offer proactive guidance to ensure your business is in the proper legal position and in compliance with any relevant litigation and regulations. By closely monitoring legislative changes and industry trends, they can anticipate compliance challenges and develop customized strategies to address them. Going beyond mere adherence to regulations, these legal professionals help you stay ahead of the curve and capitalizing on emerging opportunities for growth.

Commercial Lawyers Protect Intellectual Property Rights

Intellectual property (IP) is often one of the most valuable assets of a business, yet protecting it can be a complex and daunting task. From tradenames, trademarks and copyrights, to patents and trade secrets, commercial lawyers help companies safeguard their IP rights and prevent unauthorized use or infringement by competitors. In any competitive business environment, protecting your intellectual property is essential for maintaining your competitive edge and preserving the integrity of your brand. A knowledgeable commercial lawyer can provide strategic advice and assistance in registering and enforcing your IP rights, ensuring your business remains sustainably protected in the marketplace.

Commercial Laywers Draft and Negotiate Contracts

Contracts are the core foundation of any business relationship, outlining rights, obligations, and expectations between parties. Commercial lawyers play a central role in drafting and negotiating contracts on behalf of their clients, ensuring that agreements are legally sound, enforceable, and tailored to the business’s specific needs. Whether it’s vendor agreements, employment contracts, or partnership agreements, or something else, having a skilled commercial lawyer review and negotiate contracts can help businesses avoid potential pitfalls and disputes.

Commercial Lawyers Resolve Disputes

Despite everyone’s best efforts to prevent them, disputes are bound to arise in business. Commercial lawyers play a crucial role in assisting to swiftly resolving conflicts in these situations. They employ negotiation, mediation, arbitration or litigation strategies to achieve favourable client outcomes. With their specific expertise in corporate law, they are equipped to adeptly handle challenges like breach of contract claims and shareholder disputes, zealously advocating to protect clients’ rights and assets.

Conclusion

Safeguarding your business interests demands proactive legal support. Fortunately, commercial lawyers in Calgary play a pivotal role in navigating these risks, ensuring compliance, and effectively resolving disputes. They offer guidance on intricate legal requirements, safeguard intellectual property, and expertly craft contracts tailored to your needs. By forging a partnership with a reliable legal advisor, businesses can confidently navigate the complexities of the modern business landscape, effectively mitigating risks and seizing opportunities for sustainable growth and unparalleled success.

The path to the adoption of a child can be both exhilarating but also legally complex. At McLean Legal Family Lawyers, we understand that each adoption case is unique, and our dedicated family lawyers in Calgary are here to provide expert guidance every step of the way. Whether you want to adopt within Alberta or internationally, our team is committed to making the process as smooth and understandable as possible.

Understanding the Adoption Process

Adoption is a legal method of transferring all parental rights from one person or couple to one or more other individuals. The process involves several major steps that ensure the child’s well-being is being met in accordance with legal standards. Here in Calgary, our family lawyers specialize in explaining these steps in clear, straightforward language to help you understand each phase of your adoption journey. Figuring out the type of adoption that suits your family best is crucial. Options include:

Private adoption;
Public adoption through foster care;
and international adoption

Each type has its own set of administrative requirements and processes. Our lawyers can help you evaluate which option fits your family’s needs and guide you through the procedures and paperwork.

Legal Guidance and Representation

Our team provides a wide variety of legal services to help the average person get through the complexities of adoption. We ensure all necessary legal documents are correctly filed, for each applicable jurisdiction, and can represent your interests during court appearances. Our goal is to manage the legal details so you can focus on preparing for the arrival of your new family member.

We also offer support in more complex scenarios, such as obtaining the consent of biological parents or understanding the legalities involved in adopting a child from another country. These situations need sensitive handling and deep knowledge of family law, both of which are strengths at McLean Legal Family Lawyers.

Post-Adoption Support

Adoption is not just a legal process but a lifelong commitment. After the adoption is finalized, one may find that additional legal needs may arise.

Our family lawyers in Calgary remain available to assist with any post-adoption questions or concerns, whether they relate to adjusting the child’s legal documents, dealing with issues of inheritance, or maintaining relationships with biological family members.

Simplify the Adoption Journey in Calgary

At McLean Legal Family Lawyers, we are dedicated to supporting your family’s experience during the adoption process. Our experienced family lawyers in Calgary are here to offer the legal expertise and compassionate advice you need to successfully navigate this significant life event. With our professional guidance, you can focus on what truly matters: welcoming a new member into your family.

If you are considering adoption or have already begun the process and need legal assistance, don’t hesitate to contact us. We are here to help ensure that your adoption is handled with care and professionalism.

Commercial law is that area of the law which regulates business transactions between parties, protection of their commercial interests, and promotion of marketplace fairness. Whether you’re an experienced entrepreneur or just starting in the business world, our goal at McLean Legal is to demystify commercial law, making it accessible and comprehensible, to ensure you possess the necessary tools for success in today’s competitive market.

Understanding Commercial Law in Canada

Commercial law, also known as business law, encompasses a wide range of legal principles, rules, and regulations which govern commercial activities. It covers various areas, including contracts, sales of goods, partnerships, corporations, intellectual property, and more, while ensuring fairness, transparency, and legal compliance by the parties involved..

The Key Aspects of Commercial Law:

Contract Law: Contracts are the lifeblood of commercial transactions. Commercial lawyers in Calgary help businesses draft, negotiate, and enforce contracts, ensuring all parties understand their rights and obligations;

Sale of Goods: Commercial law includes provisions governing the sale of goods and services, covering aspects like warranties, product liability, and consumer protection;

Corporate Law: Businesses often operate as corporations. Commercial lawyers assist in corporate formation, governance, mergers, acquisitions, and compliance with corporate regulations;

Intellectual Property: Protecting intellectual property is crucial for many businesses. Commercial law addresses copyrights, trademarks, patents, and trade secrets;

Competition Law: To maintain fair competition, Canada has competition laws that prevent anti-competitive behaviour, such as price-fixing or monopolistic practices;

Privacy and Data Protection: As businesses handle more and more personal data, commercial law now includes provisions to protect individuals’ privacy and data;

Securities Regulation: For companies seeking investment or stock exchange registration, securities regulations come into play. These laws ensure transparency and investor protection in the capital markets;

International Trade: With Canada’s strong ties to global markets, commercial law covers international trade agreements, import/export regulations, and trade disputes.

As one can see, commercial law in Canada is a multifaceted field that touches upon many, many aspects of business operations. To successfully maneuver this intricate terrain, adopting a proactive and informed approach prior to taking any significant business steps is imperative. Now, let’s explore key strategies and practices to navigate the basics of commercial law effectively.

Navigating Commercial Law in Canada

Legal Counsel: Given the complexity of commercial law, seeking legal counsel from experienced commercial lawyers in Calgary is often essential. These professionals can provide tailored advice, draft contracts, and ensure legal compliance;

Due Diligence: Conduct a thorough due diligence investigation prior to entering into any business transaction. Understand your commercial activities’ legal implications, potential risks, steps to mitigate risk, and regulatory requirements;

Compliance: Stay informed about changes in laws and regulations. Ensure your business operations align with the latest legal requirements to avoid penalties and potential litigation;

Contract Management: Effective contract management is crucial. Document all agreements in writing, in clear language, define important terms, and regularly review contracts to ensure they remain relevant;

Dispute Resolution: In case of disputes, explore alternative dispute resolution methods like mediation or arbitration before resorting to costly litigation. Include these processes in agreements with Third Parties. Commercial lawyers can guide you through this process;

Protecting Intellectual Property: If your business relies on intellectual property, such as the name of your business, patents, tradenames, trademarks, or copyrights, consult with experts to ensure proper protection and enforcement of your rights.

Conclusion

Commercial law governs many vital aspects of business operations in Canada and encompasses contracts, intellectual property, competition, and international trade among others. As businesses and industries evolve, so too does the regulatory landscapes. Effective navigation of Canadian law demands consistent diligence and legal advice before taking any significant business steps .

Armed with the appropriate knowledge, whether you are a seasoned entrepreneur or embarking on a new business endeavour, we hope that this summary will serve as a starting point to make informed decisions, protect your interests, and actively contribute to the development of a fair and competitive marketplace within Canada.

In the fast-paced and constantly evolving realm of business, contracts are the bedrock of nearly every business transaction. These contracts are legally binding agreements which meticulously outline the terms, rights, and responsibilities of all involved parties. They facilitate the smooth operation of businesses and outline steps to mitigate risks and to resolve potential disputes. Within this intricate landscape, corporate lawyers in Calgary take on a pivotal role, determining the client’s aims and objectives, and drafting contracts that will best give effect to those considerations. In this blog, we will explore invaluable skills the legal profession brings to the table in the area of contract law..

Understanding the Role of a Corporate Lawyer

A corporate lawyer has an expertise in corporate law. Their primary responsibilities revolve around drafting, reviewing, negotiating, and enforcing contracts on behalf of their clients. These contracts cover various areas crucial to business operations, including but not limited to partnerships, employment agreements, vendor contracts, mergers and acquisitions, intellectual property rights, compliance matters, and more.

In addition to providing advice as to best practices, these legal professionals ensure contracts comply with relevant laws and regulations while aligning with their clients’ strategic goals and interests. .

The Importance of Well-Drafted Contracts

Well-drafted contracts are fundamental to any successful business transaction. They provide clarity, minimize misunderstandings, and protect the interests of all parties involved. In the modern business landscape, where agility and adaptability are key, corporate lawyers are well-versed in crafting contracts that are not only legally sound but also flexible enough to accommodate changing circumstances.

Legal Expertise and Compliance

Corporate lawyers possess an in-depth understanding of contract law and stay up-to-date with the latest legal developments and regulations. They ensure that contracts comply with local (municipal), provincial, and federal laws and industry-specific regulations. This expertise is vital for safeguarding their clients from potential legal pitfalls and liabilities.

Customization of Contracts

Every business is unique and one-size-fits-all contracts rarely suffice. Corporate lawyers work closely with their clients to tailor agreements to their specific needs and objectives. They anticipate potential issues and contingencies, ensuring that the contract is comprehensive and addresses various scenarios that may arise during the course of the business relationship.

Risk Mitigation

One of the primary functions of a corporate lawyer is to identify and mitigate risks associated with contractual agreements. They conduct a thorough risk assessment, helping their clients understand potential liabilities and providing strategies to minimize or transfer those risks. This proactive approach safeguards their clients’ interests and financial well-being.

Negotiation and Dispute Resolution

Corporate lawyers are skilled negotiators who can advocate for their client’s interests during contract negotiations. They work to reach mutually beneficial agreements while protecting their client’s rights and objectives. In the event of contract disputes, these legal experts are equipped to address negotiation, mediation, arbitration or litigation strategies in the drafted contracts to resolve the issues efficiently, effectively and in the most cost-effective manner possible..

Due Diligence and Compliance Checks

Before entering into any contract, corporate lawyers conduct due diligence to assess the other party’s financial stability and legal standing. They also scrutinize proposed terms and conditions to ensure they align with their client’s goals and expectations. Compliance checks are a crucial aspect of contract management, ensuring that all contractual obligations are met promptly and in compliance.

Conclusion

In conclusion, corporate lawyers in Calgary are indispensable business advisors, offering a wealth of expertise in handling contractual matters. Their proficiency spans from drafting and customizing contracts to conducting thorough risk assessments, adept negotiation, and effective dispute resolution. These professionals assume a multifaceted role, serving as guardians of their client’s interests and ensuring that their contractual relationships rest upon solid legal foundations.

In an era marked by rapid business evolution and ever-evolving regulatory landscapes, a knowledgeable and experienced legal professional is not merely advantageous but necessary. Their ability to adeptly navigate the complexities of contract law and deftly adapt to modern challenges paves the way for businesses to survive and thrive in an increasingly competitive and dynamic environment. With a corporate lawyer as a trusted ally, corporations can confidently chart their course toward success, knowing that their legal interests are in capable hands.

Mergers and acquisitions (M&A) are terms commonly associated with corporate transactions. The influence these complex transactions have extend far beyond the boardroom, such as, for example, significantly impacting family law matters like divorce and asset division.

In this blog, we’ll explore the practical connections between M&A transactions and family law, shedding light on how these corporate maneuvers can profoundly affect the financial aspects of marital dissolution. It’s a practical examination of the intersections between these two seemingly distinct worlds, showcasing the tangible consequences that M&A deals can have on families navigating the challenges of divorce and revealing the surprising ways in which business decisions can shape personal lives.

Valuing Marital Assets

One of the primary ways M&A intersects with family law is in the valuation of marital assets. When a married or non-married couple, who fall within the purview of the Family Property Act (Alberta), decide to separate, their shared assets, including businesses, become subject to division between them. If one or both partners have a stake in an incorporated company that has undergone M&A activities during the marriage, the valuation process becomes far more complex.

M&A deals can also have a substantial impact on a business’s value. An acquisition that enhances a corporation’s worth may result in a larger family asset pool to be subject to division.. Corporate lawyers in Calgary and financial experts often collaborate to assess the true value of a business, taking into account any M&A-related changes.

Equitable Distribution and Marital Contributions

Family law courts aim for an equitable distribution of marital assets as this is the starting point outlined in provincial legislation. The Court considers various factors, including property obtained or maintained by either party, whether in joint or sole names.

When M&A transactions positively impact the value of a business, the other spouse likely has a legitimate claim to a portion of the increased value that family asset.

Hidden Assets and Forensic Accounting

One partner may attempt to conceal or undervalue business interests affected by M&A activities to gain an advantage in property division. This often necessitates the involvement of forensic accountants or financial experts to uncover hidden assets or assess their true value accurately. These experts, and the reports they generate, can be costly so it is important to consider your position regarding who should bear the burden of that expense.

Prenuptial and Postnuptial Agreements

Prenuptial and postnuptial agreements are legal documents that can significantly impact how M&A-related assets are handled in the event of a divorce or dissolution of a common-law relationship. These agreements often outline the terms for the division of property, including businesses, and can help mitigate disputes by providing clear guidelines for asset allocation.

Yet another consideration will be if there are agreements with any Third Parties related to the business as these may also determine how much value your partner is entitled to in the even of the dissolution of a personal relationship.

Spousal Support Considerations

M&A transactions can also substantially influence the calculations and considerations surrounding spousal support. When one spouse substantially benefits from a business transaction, it can potentially increase their income and therefore impact the amount of spousal/partner support they may have to pay in their divorce or separation process.

Indeed, if a partner does not take personal income and intentionally leaves financial value in the corporation unnecessarily, a Court may impute a higher income to that person for the purposes of determining their Guideline Income when conducting spousal/partner support calculations.

Final Thoughts

While mergers and acquisitions are traditionally associated with corporate law, their reach transcends the boundaries of the business realm. Within the sphere of family law, especially amid divorce or separation proceedings, assets associated with M&A activities often emerge as central points of dispute and valuation. Recognizing the impact upon the division of marital or family assets, valuation assessments, spousal support considerations, and the crafting of legal agreements is of paramount importance. This underscores the critical necessity for obtaining expert guidance and financial disclosure between parties to obtain an equitable result according to law..

Corporate lawyers in Calgary are invaluable partners in navigating the complex legal terrain of the business world. Their multifaceted role encompasses many duties and responsibilities pivotal to a company’s success. Learn everything you need to know about the fundamental role of corporate lawyers and highlight the benefits they bring to businesses in Calgary.

Duties of Corporate Lawyers in Calgary

Corporate lawyers are legal professionals who specialize in corporate law and business transactions. Their primary responsibilities include:

Incorporation & Legal Structure

Assisting businesses in choosing the most suitable legal structure, such as sole proprietorship, partnership, corporation, or limited liability company (LLC);
Guiding companies through the incorporation process involves creating a legal entity recognized by the province.

Corporate Governance

Drafting and maintaining essential corporate documents, including articles of incorporation and bylaws;
Ensuring compliance with provincial and federal regulations;
Providing legal advice to corporate boards and executives on governance and compliance matters.

Contract Negotiation & Drafting

Negotiating, drafting, and reviewing contracts, agreements, and other legal documents;
Ensuring that contracts protect the company’s interests and comply with relevant laws and regulations.

Mergers & Acquisitions

Assisting in mergers, acquisitions, and other business transactions;
Conducting due diligence to assess the legal and financial aspects of potential deals.

Intellectual Property Protection

Advising intellectual property matters, such as trademarks, copyrights, and patents;
Drafting and filing applications for intellectual property protection.

Litigation & Dispute Resolution

Representing businesses in legal disputes, including lawsuits and negotiations;
Working to resolve disputes through settlement, mediation, or litigation.

Corporate Compliance

Ensuring that the company complies with all relevant laws and regulations;
Monitoring changes in legislation that may impact the business.

Benefits of Corporate Lawyers in Calgary

Having a corporate lawyer on your team offers numerous advantages, including:

Benefit #1: Specialized Legal Expertise

Corporate lawyers are legal experts with a deep understanding of business law, enabling them to provide sound legal guidance and ensure that your company operates within the bounds of the law.

Benefit #2: Risk Mitigation

They help identify and mitigate legal risks, reducing the likelihood of costly disputes or regulatory issues.

Benefit #3: Contractual Protection

Corporate lawyers ensure that contracts and agreements are well-drafted and protect your interests, minimizing the potential for contract disputes.

Benefit #4: Strategic Decision-Making

The legal insights from a corporate lawyer can aid in strategic decision-making, especially in mergers, acquisitions, and corporate governance.

Benefit #5: Resource Efficiency

Corporate lawyers allow business owners and executives to focus on core operations by handling legal matters, which saves time and resources.

Benefit #6: Compliance Assurance

They keep your business compliant with ever-evolving regulations, reducing the risk of penalties or legal entanglements.

Benefit #7: Litigation Support

Corporate lawyers are skilled advocates in legal disputes who can represent your company’s interests in court or during negotiations.

Benefit: #8: Intellectual Property Protection

They safeguard your intellectual property, preserving the value of your innovations and branding.

Corporate Lawyers in Calgary: Your Partner in Business

Corporate lawyers in Calgary are indispensable partners for businesses of all sizes and industries. Their extensive legal knowledge and ability to navigate complex business regulations and provide strategic counsel make them instrumental in achieving long-term success. From ensuring legal compliance to protecting your intellectual property and representing your interests in legal matters, corporate lawyers play a pivotal role in safeguarding and advancing your business in the competitive landscape of Calgary.

Separating from a spouse or partner can be emotionally taxing, and legal terminology and requirements can be confusing and overwhelming. The outcome of the myriad decisions and negotiations you must make following this life-altering event can be a well-drafted separation agreement, providing clarity and structure that aims to reduce potential future conflicts. However, the road to a successful separation agreement is fraught with common pitfalls. Knowing these will help you confidently navigate creating a separation agreement in Calgary.

Understanding a Separation Agreement 101

Before we delve into the common mistakes, let’s clarify what a separation agreement entails. A separation agreement is a legally binding document that outlines the rights, responsibilities, and arrangements of separating or divorcing spouses. It addresses key issues such as property division, spousal support, child custody, and visitation rights. A separation agreement can clarify, prevent disputes, and expedite the separation process.

10 Common Mistakes When Drafting

#1: Incomplete Disclosure

One of the most significant mistakes separation agreement lawyers have encountered is failing to receive full financial disclosure from their clients. Both parties must fully disclose their assets, debts, income, and expenses. Incomplete or dishonest disclosure can lead to a lop-sided agreement where one party may not receive their full entitlements simply because they did not know of income levels or the extent of assets that would be subject to division.

#2: Ignoring Child Custody & Support

A common mistake that a child custody lawyer in Calgary and a child support lawyer in Calgary encounter is rushing through or overlooking arrangements for children. It’s crucial to establish a clear parenting plan, visitation schedule, and support payments that prioritize the children’s best interests.

#3: Verbal Agreements

Relying on verbal agreements rather than documenting everything in writing is risky. Verbal agreements are difficult to enforce and can lead to misunderstandings. Always formalize agreements in a written separation agreement signed before a lawyer.

#4: Not Seeking Legal Counsel

Many individuals attempt to draft their separation agreements without legal guidance. That’s not recommended at all. For example, you wouldn’t want to conduct brain surgery when you don’t know anything about medicine or surgical procedures. That is true here – you don’t know the law, despite as much time as you may spend on Google. Consulting with Calgary family lawyers is highly advisable to ensure your agreement is comprehensive and legally sound.

#5: Rushing the Process

Rushing to complete a separation agreement without careful consideration can lead to mistakes. Don’t rush through the process just to “get it done” and to make yourself feel better. You will likely regret it later. Take the time to discuss and negotiate all of the terms for your issues to avoid future disputes or “buyer’s remorse”.

#6: Failing to Include Future Considerations

Forgetting to account for future considerations like changes in income, changes in parenting arrangements due to changes in schools or a parent’s employment, for example, can create issues later on. Anticipate potential changes and include mechanisms for addressing them in the agreement.

#7: Not Considering Tax Implications

Failing to understand the tax consequences of your agreement can have financial implications. Consult with a tax professional to ensure your proposed course of action does not negatively affect you financially.

#8: Skipping Legal Review

Even if both parties agree on the terms, it’s crucial to have the agreement reviewed by separate legal counsel, and legislation requires you to both have independent legal advice.

#9: Ignoring Emotional Needs

While the separation agreement is primarily a legal document, it’s also essential to consider emotional needs. Neglecting emotional support or counselling can lead to frustration and future disputes.

#10: Not Updating Beneficiaries

Failing to update beneficiaries on insurance policies, retirement accounts, or Wills can lead to unintended consequences. Ensure that your separation agreement addresses beneficiary changes to reflect your new circumstances, particularly now that you are separated or amid a divorce.

Consult a Lawyer About a Separation Agreement in Calgary

A separation agreement in Calgary is a critical document that can greatly influence the outcome of a divorce or separation. By avoiding common mistakes such as incomplete disclosure, ignoring child custody and support, and not seeking legal counsel, you can create an agreement that provides clarity, fairness, and peace of mind during this challenging time. Consulting with family lawyers is a wise investment in ensuring your separation agreement is legally sound, comprehensive, and tailored to your unique circumstances.