In Saskatchewan, there are a variety of process options that people may use to navigate separation and divorce.
Stories by Kimberly Visram
Family property divorce exemptions not always airtight
Generally speaking, most people assume that assets brought into a spousal relationship (marriage or cohabitation in a spousal-like relationship for at least two years) are exempt from division should the spousal relationship break down. While there is some merit to that statement, it is not absolute and many traps can arise that will result in […] Read more
Family law plays a significant role in estate planning
Drafting a will is a common reason to visit a lawyer. A will is an important document that sets out what happens with assets upon death. Depending on your wishes, it may be prudent to seek not only a lawyer who is skilled in the area of estate planning but also one who has the […] Read more
Mediation is a common tool used for dispute resolution
Mediation is a dispute resolution process that many people choose or are required to participate in when they are involved in a legal dispute. In Saskatchewan, all civil lawsuits are required to participate in mediation once the claim and defence are filed. This mediation is provided through the province and is at no charge to […] Read more
How to raise the subject of a prenuptial agreement
A prenuptial or cohabitation agreement specifies how property shall be distributed or divided in the event of a separation or divorce. Such an agreement can also specify entitlement to spousal support. Without an agreement in place, any property that either spouse has an interest in may be subject to a claim by the other spouse. […] Read more
What happens to the animals in a separation or divorce?
There are a number of unique issues that can arise when a farming family goes through a separation or divorce. One of these areas arise when the parties have livestock or other animals. Generally, the specifics of how animals will be treated in the family court will vary from province to province. In Saskatchewan, animals […] Read more
Advancing an inheritance early can come with risks
It is not uncommon for farming families to give land or assets to the next generation with the intention that the gift is an advance on one’s inheritance. There are many benefits of “giving sooner”: Potential to save on taxes and/or probate fees. Benefitting the next generation with their own farming operations. Reducing the asset […] Read more
Homestead can be protected from family property claim
The home quarter is an integral part of most farm operations. Not only do you typically find the farmer’s homestead on this quarter, but it may also contain key buildings or fixtures. So, what happens to the home quarter if the farmer is going through a separation or divorce? Generally, family property legislation in Saskatchewan […] Read more
Determining income for support purposes is complicated
In Canada, when a spousal relationship breaks down, support obligations (whether child or spousal support) are largely driven by the payor’s income. Determination of income for support purposes can be a complicated calculation, especially when a farm is involved. Income of the parties for support purposes is determined under the Federal Child Support Guidelines. Section […] Read more
Team approach can make succession planning easier
Just like no farm is exactly the same, it is unlikely that each farm’s succession plan will be the same. Succession planning focuses not only on the current circumstances of the farm, but the future of the farm and the goals of both the current and future generation of farmers. Succession planning varies from estate […] Read more
