Untying the Knot: Grounds for Divorce in Saskatchewan: 

Anyone who has gone through a divorce will likely tell you it was a difficult time for them mentally, emotionally, and financially. Understandably, clients often seek advice at the first signs of trouble in their marital relationships. One question I’ve heard repeatedly in my short time practicing family law is “how do I get a divorce?”

Divorce in Saskatchewan is governed by federal legislation called the Divorce Act. Although this blog entry refers to Saskatchewan, the Divorce Act applies to all of Canada. In Saskatchewan, only the Court of Queen’s Bench has jurisdiction to deal with a Petition for Divorce, and in order to get a divorce, one must make an application to the Court. There are many common misconceptions about what a couple and/or spouse must prove in order to get a divorce, but the truth is there is only one ground for divorce in Canada: marital breakdown.

What is “marital breakdown” and how does one go about establishing that a marital breakdown has occurred? The Divorce Act sets out three ways to establish marital breakdown:

1. Living separate and apart for one year

This is, by far, the most common ground for divorce, and is the easiest to prove. Spouses are considered to have been separated for one year when they have lived separate and apart for a period of 12 months. Although the period of separation must be uninterrupted, a brief reconciliation during the year (up to 90 days) will not interfere with the calculation of time, as long as the reconciliation is unsuccessful.

2. Adultery

If you choose to seek a divorce on the basis of adultery, you must establish that adultery occurred. You must also swear that the adultery was not condoned by you, and that it was not permitted or invented simply as a means to obtaining a quick divorce. Note that adultery can be difficult to prove if your spouse is unwilling to simply admit to it in an affidavit.

3. Cruelty

Finally, a divorce may be granted in circumstances in which your spouse has treated you with intolerable physical or mental cruelty. If your spouse has treated you in such a way that it would be unreasonable or intolerable for you to continue to live with them, the Court may order a divorce. On a petition for divorce on the basis of cruelty, the Court will consider the effect of the conduct in question on you, the victim, in order to determine whether the behaviour in question constitutes cruelty.

Please note that the divorce itself is only one issue a couple faces when their marriage breaks down. Other issues that arise when a couple separates include the division of family property, custody and access regarding children, child support, and spousal support. If you choose to seek a divorce, on any of these grounds, it is best to consult a lawyer who can guide you through the procedure of obtaining a divorce and settling the corollary issues that arise when a couple separates.

This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.

See lawyers listinsg on the Regina directory under Legal & Professional services.

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet!! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

REGINA – Stephanie Gabber’s excitement over buying a new home in Pilot Butte quickly wore off when she tried to develop her backyard and found a drainage ditch running through the property.

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

MacKay & McLean provides the professional services of a large Regina law firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

MacKay &  McLean are TRUSTED REGINA LAWYERS

The three words most commonly used to describe MacKay & McLean Barristers & Solicitors

Service. Solutions. Integrity. 

Being a small firm, the lawyers of MacKay & McLean give personal, professional attention to each of our clients, thus maximizing results while minimizing cost. Our lawyers and front office staff take the time to talk to you so that you are comfortable with the process of our services. More importantly, we take the time to listen to you.

 

 

 

We provide a full range of legal services including:

 

• Real Estate & Mortgages

• Wills & Estates

• Family Law & Divorce

• Commercial & Corporate Law

• Litigation & Personal Injury

 

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

MacKay & McLean provides the professional services of a large Regina law firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

MacKay &  McLean are TRUSTED REGINA LAWYERS

Here Robert shares a tip on GST & Acreages:

When buying an acreage Canada Revenue Agency (CRA) has an administrative presumption that the land in excess of 1/2 a hectare (1.235 acres) is not reasonably necessary for the use and enjoyment of the building as a place of residence. In otherwords, CRA presumes that the excess land does not form part of the residential complex.

However, a taxpayer may be able to establish that the excess land is reasonably necessary for the residential building to properly fulfill its function as a residence. This requires that the excess land be more than simply desirable.

The prior use of the land is also critical in determining whether G.S.T. will be payable. Where the prior use was residential or maybe used as a hobby farm, then it appears that G.S.T. is not payable. If the prior use of the land was commercial, e.g. farming, then it appears that G.S.T. is payable by the Buyer.

It’s an exciting time – the old house is sold, the new one is ready, and all that’s left is the move…..oh wait – not quite yet! There’s all that legal “stuff” to deal with now….signatures….titles to be given…and pages and pages of documents that need to be signed before the key is in your hand!!! And to top it all off – who really knows a good real estate lawyer?

MacKay & McLean provides the professional services of a large Regina law firm, with the intimate attention of a small firm. The legal process can be daunting and overwhelming, but it doesn't have to be. MacKay & McLean is with you every step of the way.

MacKay &  McLean are TRUSTED REGINA LAWYERS

Here Robert shares a tip on Buying Farmland:

Strong commodity prices, low interest rates and a positive growth outlook for agriculture tend to increase the demand for farm land by farmers and investors alike, both within the province and from without.

Be aware that The Saskatchewan Farm Security Act (Act) places restrictions on farm land ownership in Saskatchewan.

To own land one must be:

1. A Canadian citizen;
2. A Permanent resident of Canada; or,
3. A 100% Canadian-owned entity (corporation), partenership, syndicate, joint venture, co-operative or association) whose shares are not traded on the stock exchange, i.e. ownership interests are privately held. 

Further, in addition to ownership the Act restricts leasing, having any other interest in farm land that would normally accrue to the owner of farm land. Violating or failing to comply with the Act can result in fines and divesture of ownership. However, there is an application process to apply for exemption. The Farm Land Security Board reviews these applications and will provide an exemption if it is satisfied that it is appropriate to do so.

For more detailed information go to http://www.farmland.gov.sk.ca/ or call the Farm Land Security Board at 306-787-5047.

Once you have committed to either buying or selling your property, simply tell your realtor and lender, as applicable, that Robert MacKay will be representing you and to forward the appropriate instructions to MacKay & McLean, attention "Robert MacKay". 

Robert MacKay is your Trusted Regina Real Estate Lawyer