Learn the top mistakes to avoid when going through a divorce in Alberta.
Introduction
Going through a divorce can be emotionally taxing and legally complex. To protect your interests and achieve the best possible outcome, it’s important to avoid common mistakes that could negatively affect your case. Below are the top five divorce mistakes to avoid, written from a legal perspective tailored to Alberta law.
1. Letting Emotions Drive Decisions
Divorce can be an emotionally charged process, but allowing anger, resentment, or sadness to guide your legal decisions can result in poor outcomes. Whether it’s property division or child custody, making decisions based on emotion instead of sound legal advice can lead to long-term consequences. Stay objective and consult a family law attorney to ensure your interests are protected.
2. Neglecting to Document Assets
Accurately documenting all marital assets is crucial for a fair division of property. Failing to keep detailed records of assets—such as bank accounts, real estate, and investments—can lead to financial losses during divorce proceedings. In Alberta, the Matrimonial Property Act requires equitable distribution of marital assets, and complete documentation is essential for achieving a fair settlement.
3. Overlooking Child Support and Spousal Support Obligations
In Alberta, child and spousal support obligations are legal responsibilities that must be addressed during divorce proceedings. Miscalculating or neglecting these obligations can lead to financial strain and even court sanctions. Child support is based on federal guidelines, and spousal support depends on the specific circumstances of the marriage. It’s important to work with a qualified attorney to ensure accurate support calculations.
4. Not Updating Your Will and Estate Plan
Divorce fundamentally changes your personal circumstances, and failing to update your will, power of attorney, and estate plan can create future legal issues. In Alberta, changes in marital status do not automatically invalidate a will, so if your ex-spouse remains listed as a beneficiary, they could still inherit part of your estate. Update your legal documents promptly to reflect your new situation.
5. Failing to Consider Tax Implications
Divorce often involves the division of complex assets, such as real estate, RRSPs, and business holdings, which may carry significant tax implications. For example, transferring RRSPs can trigger tax consequences if not done correctly. To avoid unexpected tax liabilities, consult with both a family law attorney and a tax advisor before agreeing to any property settlement or asset division.
Conclusion
By being mindful of these common mistakes and working with a knowledgeable family law attorney, you can navigate your divorce more effectively and protect your financial and legal interests. Divorce is challenging, but avoiding these pitfalls will help you achieve a more favourable outcome.
If you want the best possible representation that fits your budget call 1-800-LAWYER-0 (1-800-529-9370) for a free no obligation consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult with a licensed family law attorney in Alberta.
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