Separation and/or Divorce is an emotional experience that leads to many changes in your life and requires that some very important decisions be made. You may need to make decisions with respect to child custody and maintenance, spousal maintenance, and/or family property division. To assist you in these legal questions, it is beneficial to have a lawyer in whom you can place your complete trust and confidence. Our lawyers have experience and knowledge regarding separation, divorce, and other related issues, and are prepared to work with, and for you to advance your position.
Separation and Divorce
Child Custody and Access
Child and Spousal Maintenance/Support
Division of Matrimonial Property
Premarital Agreements and Interspousal Contracts
Assets / Property
Owning an existing business or farm
Inheritance and Family Heirlooms
Disposition of Property
Ownership rights and disposition of death
Benefits & life insurance policies
The Family Property Act permits spouses to enter into an Interspousal contract to exempt property, but the contract must not be unfair; it must be in writing with certain acknowledgements incorporated into the contract and each spouse must obtain Independent Legal Advice from separate lawyers.
The law states that most assets are equally divisible, with a few limited exceptions. The family home and all household goods are generally equally divisible. The family farm is not given any special considerations under the Act, but, if you qualify, it is subject to certain permitted exemptions.
The court has the discretion not to permit an exemption if considered unfair or inequitable.
By: Michael Weger - NSWB Law Firm
Published in The Saskatchewan Advocate,
March 2010 issue