Halifax Lawyer Blog

Blogs written by lawyers at Highlander Law Group in Tantallon, Nova Scotia for people in Halifax with an interest in Real Estate Purchase and Sale, Corproate, Litigation, Debt Collection, Divorce, Probate, Wills, Power of Attorney, Trusts, Child support, Spousal Support, Custody, Migration, Debt Collection, Builders Liens, Estate Planning, Trademarks, Copyright and other Intellectual Property issues. .

August 31, 2018

Use a legal Separation Agreement to Re-finance Your Matrimonial Home in Nova Scotia for More

August 31, 2018/ Highlander Law Group/ Dianna Rievaj

For most families, the matrimonial home is the most significant asset they own. Deciding how to deal with it after the breakdown of the relationship is an important decision with long term consequences. Did you know, when refinancing as part of a separation, the spouse keeping the home may qualify to refinance at a higher percentage of the value of the home than the standard maximum. The standard maximum is 80%, but the maximum for a spousal buyout can be as high as 95%.

June 18, 2018

Do I Have to Go to Court to Get a Divorce in Nova Scotia?

June 18, 2018/ Highlander Law Group/ Dianna Rievaj

The good news is that in some cases, you can get divorced in Nova Scotia without ever setting foot in a court house. As long as you have an agreement on the terms of your divorce you can get a “paperwork-only divorce.” And it is not as expensive as you may think.

May 14, 2018

Consequences of Not Getting Legally Divorced in Nova Scotia.

May 14, 2018/ Highlander Law Group/ Dianna Rievaj

Many people who have been through a separation in Nova Scotia decide they will never get married again, so they think why bother getting divorced. While remarriage is one of the main reasons that long-term separated couples are motivated to get a divorce, there are some other important reasons you should consider.

April 30, 2018

Wondering If You Can Legally Separate in Nova Scotia Without a Messy Court Battle? Consider Collaborative Family Law

April 30, 2018/ Highlander Law Group/ Dianna Rievaj

It is perhaps a bit obvious to say that divorces can be messy and that many families struggle to pick up the pieces after a nasty separation. But it doesn’t have to be that way.

When people use court to resolve their disputes they are relying on a stranger, the judge to make major decisions about their life. In a family law context this means a judge can decide when and where you will see your children, how much money flows to or from your spouse, where you can live and even what happens to your house.

April 23, 2018

Date of Separation – What does it mean for Nova Scotia couples?

April 23, 2018/ Highlander Law Group/ Dianna Rievaj

In most cases, people can agree on the date of separation. When my clients ask me how to decide when they were separated I ask them when they stopped acting like a married couple. There is no one thing that marks a separation definitively (although one person moving out is usually a pretty good indication).

January 22, 2018

How long does it take to get a Divorce in Nova Scotia?

January 22, 2018/ Highlander Law Group/ Dianna Rievaj

Ask almost anyone who has been through it and they will say “too long!” Joking aside, it can feel like a long process, and the justice system is not exactly known for its speed, even at the best of times. The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision. A negotiated settlement is almost always faster than waiting for the court to order the terms of your divorce. So, what exactly takes so long with court?

The hardest part of a divorce is coming up with the terms of divorce, especially as it relates to custody, property division and support payments. This can be done through negotiation, or a judge can make the decision.

January 04, 2018

Is it Time to Change your Court Order or Separation Agreement?

January 04, 2018/ Highlander Law Group/ Dianna Rievaj

Every year after Christmas, Wal-Mart puts tupperware and storage bins up at the front of the store because they are big sellers. January is a natural time to take stock your life. It’s time to pack away the old things you no longer need so you can focus on the important things in front of you. It’s time to put those lights and decorations away for next year and to put that ugly sweater your cousin gave you in the “re-gift” pile.

January 02, 2018

Why is my Date of Separation Important?

January 02, 2018/ Highlander Law Group/ Dianna Rievaj

In family law, the date of separation is a very significant date for two reasons. Most of the time, a couple will not be granted a divorce until they have been separated for one year. The other reason is that the debts and asset of a divorcing couple are generally divided based on the value they had on the date of separation.

December 04, 2017

Myth-busting Child Support and Custody

December 04, 2017/ Highlander Law Group/ Dianna Rievaj

Almost everyone has been touched by divorce in some way, so it is not surprising that that so many well-meaning friends and family are eager to give out legal advice during a separation. Unfortunately, their advice is not always accurate or helpful. One commonly repeated myth is that if the parents share equal custody, then no one has to pay child support.

October 09, 2017

Making it worse – why you shouldn’t use social media to complain about your ex

October 09, 2017/ Highlander Law Group/ Dianna Rievaj

During a meeting last week, a senior family lawyer with over 25 years of experience told me that he tells clients involved in high conflict cases to delete all their social media accounts. There can be a strong temptation to let the world know just how awful your ex is. This same senior lawyer also said, “people think if they post negative comments about their ex that everyone will agree and take their side.” It is a good idea not to post anything to social media when you are upset. There is plenty of good research that says we do not make good decisions when we are emotionally charged, and once a post has been sent, there is no taking it back.

September 06, 2017

Parenting Plans – an Essential Document for Separating Parents

September 06, 2017/ Highlander Law Group/ Dianna Rievaj

During separation, figuring out "co-parenting" children is often the most difficult and important consideration. In most cases, both parents want what is best for their kids but they often have different ideas about what that looks like.

May 10, 2017

Planning For Your Separation

May 10, 2017/ Highlander Law Group/ Dianna Rievaj

Gwyneth Paltrow made headlines when she publicaly discussed her conscious uncoupling with Chris Martin. Whatever you may think of her, there is something to the idea of putting some planning and thought to your separation. Arriving at the decision to separate is hard, and it can be overwhelming to think about the changes coming your way. Planning will not make the experience painless but there are some steps you can take that can make this major life transition go more smoothly.