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Enhanced Notice of Relocation & Notice of Objection to Relocation forms (Divorce Act amendments)
Court Forms Precedents
Dec 28, 2020

The amendments to the Divorce Act come into force in two months on March 1, 2021. Those amendments, summarized here and here, include the establishment of a new regime to notify of and object to relocations of children. While new Notice of Relocation Regulations were registered in November, I haven't seen any actual forms be circulated yet, and the minimum information that must be included in the Regulation's ... [Read More]

Office Document Download (39 downloads)

Ken Proudman of BARR LLP (Alberta)2 Comments

Declaration of Intention to Retain Beneficial Interest and Exemption (sole)
Other
Jun 16, 2020

I developed this form after reading all of the decisions following Jackson and Harrower which discussed rebutting the presumption of advancement when an exemption is placed into joint names.

I'll be presenting it to the CBA real property section tomorrow, in hopes that real estate lawyers will use it as an opportunity to discuss exemptions with clients, so that they can make informed decisions. See more about the webinar tomorrow here: https://familycounsel.ca/calendar.php?id=191

You'll see that there's a disclaimer in the form, because it is a murky area that's circumstance-dependent, and if ... [Read More]

Office Document Download (22 downloads)

Ken Proudman of BARR LLP (Alberta)2 Comments

Declaration of Intention to Retain Beneficial Interest and Exemption (joint)
Other
Jun 16, 2020

I developed this form after reading all of the decisions following Jackson and Harrower which discussed rebutting the presumption of advancement when an exemption is placed into joint names.

I'll be presenting it to the CBA real property section tomorrow, in hopes that real estate lawyers will use it as an opportunity to discuss exemptions with clients, so that they can make informed decisions. See more about the webinar tomorrow here: https://familycounsel.ca/calendar.php?id=191

You'll see that there's a disclaimer in the form, because it is a murky area that's circumstance-dependent, and if ... [Read More]

Office Document Download (24 downloads)

Ken Proudman of BARR LLP (Alberta)3 Comments

Chambers Procedure Manual (with Family Law Highlights)
Condensed Notes (CANS)
Mar 24, 2020

You may have some additional time to read given the pandemic-related closures, so I've attached the 2020 171-page update to my 2017 paper, which was previously titled the Family Chambers Procedure Manual.

It's the manual which addresses over 60 different court procedures. Each procedure is broken down by case law and practical suggestions. It's meant to help assist lawyers with the preparation of applications, affidavits, and arguments. In the 2020 update, there's now a separate subheading within each application setting out any special treatment in the family law realm.

Most of the new content was written by our newest associate ... [Read More]

PDF Download (89 downloads)

Ken Proudman of BARR LLP (Alberta)2 Comments

Directory of Family Law Arbitrators in the Edmonton Area
Other
Jan 21, 2020

Posted with permission from Tracy Brown of Brown Law Group. Thank you for assembling this Tracy!!

PDF Download (28 downloads)

Ken Proudman of BARR LLP (Alberta)0 Comments

2020 Enhanced Statement of Claim
Court Forms Precedents
Dec 30, 2019

Based on the old Enhanced SOC which included additional terms such as "further exemptions", generic unjust enrichment terms, and equal division subject to factors in the FPA. http://familycounsel.ca/download.php?id=32

However, I've also added the changes to the forms as listed in the Family Property Act amendments to the Rules: http://www.qp.alberta.ca/documents/Orders/Orders_in_Council/2019/2019_250.html

Office Document Download (123 downloads)

Ken Proudman of BARR LLP (Alberta)7 Comments

Enhanced Affidavit of Records
Court Forms Precedents
Feb 5, 2019

Revised version of Form 26. Cleaner formatting, particularized to the family law context, and some suggested language.

Want your assistant to learn how to complete this? Have them attend LESA's Effective Legal Support: Matrimonial Property Seminar in Edmonton on March 5, 2019, and in Calgary on March 12, 2019. Out of respect for LESA, I don't publish my slides or presentations on FamilyCounsel.ca, or otherwise distribute them.

Office Document Download (56 downloads)

Ken Proudman of BARR LLP (Alberta)0 Comments

Financial Disclosure Homework Package
Client Handouts
Feb 5, 2019

Designed to be provided to clients help them provide proper financial disclosure, easily address common difficulties, and minimize inadvertently missing crucial information.

Want your assistant to learn how to complete this? Have them attend LESA's Effective Legal Support: Matrimonial Property Seminar in Edmonton on March 5, 2019, and in Calgary on March 12, 2019. Out of respect for LESA, I don't publish my slides or presentations on FamilyCounsel.ca, or otherwise distribute them.

Office Document Download (94 downloads)

Ken Proudman of BARR LLP (Alberta)3 Comments

Annotated Disclosure Checklist
Checklists
Feb 5, 2019

Designed to be provided to legal assistants and support staff, so that they can assist clients to complete their financial disclosure. For each category of NTD disclosure, this document provides suggestions to help clients retrieve documents when they are experiencing difficulties. There are also suggestions as to how to address adjournments and deadlines.

Want your assistant to learn how to use this? Have them attend LESA's Effective Legal Support: Matrimonial Property Seminar in Edmonton on March 5, 2019, and in Read More]

Office Document Download (64 downloads)

Ken Proudman of BARR LLP (Alberta)0 Comments

REVISED Sworn Statement of Income, Assets, and Liabilities
Court Forms Precedents
Feb 5, 2019

Easier-to-use version of the Court's Schedule "A" to the NTD form. With multiple rows, hints, suggested language, and page numbers.

Want your assistant to learn how to complete this? Have them attend LESA's Effective Legal Support: Matrimonial Property Seminar in Edmonton on March 5, 2019, and in Calgary on March 12, 2019. Out of respect for LESA, I don't publish my slides or presentations on FamilyCounsel.ca, or otherwise distribute them.

Office Document Download (83 downloads)

Ken Proudman of BARR LLP (Alberta)0 Comments

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