Trusted Tips and Resources

Trusted Tips & Resources

Trusted Regina Law firm tip on grounds for divorce in Saskatchewan


 

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.


 

Robert MacKay Trusted Regina Real Estate Lawyer shares Pilot Butte homeowner legal issues

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 and 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 and McLean are TRUSTED REGINA LAWYERS

Pilot Butte homeowner considers lawsuit over backyard drainage ditch:

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.

“Had I known, I would never have bought here, ever,” she said.

Gabber bought the home in May. She planned to put up a fence and lay down sod. When she started the work, she was told to stop because it would interfere with the easement.

“I bought it (the property) so my dogs could play, my kids could play. That’s not what I have.”

Gabber said the easement wasn’t disclosed to her before buying the property.

The town said it’s a registered land title, but admitted to a discrepancy with Gabber’s property lines on the Saskatchewan Land Surveyor’s Real Property Report.

Water works manager, Chaun McCurdy, said the town is moving the ditch one meter closer to the edge of her property, but unfortunately that’s the best they can do.

“Without it there to catch that water and direct it away, it will eventually go and fill up other people’s backyards,” said McCurdy.

 

 

Robert MacKay with MacKay & McLean Barristers & Solicitors said the situation highlights the importance of having a team in your corner when buying a home. That includes a realtor, lawyer and mortgage broker.

“There’s a lot going on in a transaction and it could be easy to miss,” said MacKay.

He also recommends homeowners always invest in title insurance.

“If you have this old survey and got a newer one that says the easement is here, but it should be here, what does that do to the fair market value of your property? Well, with title insurance you may have a claim,” explained MacKay.

However, Gabber is prepared to go a step further and file a lawsuit against the municipality of Pilot Butte.

“I’m stressed beyond belief. Mentally, it takes a toll. Financially, it takes a huge toll.”

McCurdy said he’s spoken to the land developer and home builder to ensure anyone buying property in the new development is fully aware of the easement.

 Robert MacKay's team provides professional, personalized service and with their assistance, you can rest assured that your real estate transactions will be handled with the utmost consideration and care.

They  provide a full range of legal services including:

  • Real Estate & Mortgages
  • Wills & Estates
  • Family Law & Divorce
  • Commercial & Corporate Law
  • Litigation & Personal Injury

 Mackay and Mclean  TRUSTED REGINA LAWYERS!



Robert MacKay Trusted Regina Real Estate Lawyer shares three words used to describe MacKay & McLean Barristers & Solicitors

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
 

 

Your first consultation is free so that we may assess your need for a lawyer, cost of services and how we may help you.

MacKay & McLean provides the professional services of a large 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.

 

Robert MacKay is your Trusted Regina Real Estate Lawyer

 

Robert MacKay Trusted Regina Real Estate Lawyer expert tip on GST & Acreages

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.

For more information see:

 

Depending on the situation, Buyers and Sellers may want to agree in advance on the value of the land in excess of the 1/2 hectare or otherwise how they wish to apportion the G.S.T. Careful consultation should be had between the realtors and/or lawyers involved in the transaction.


For advice, Robert MacKay's team provides professional, personalized service and with their assistance, you can rest assured that your real estate transactions will be handled with the utmost consideration and care.

They  provide a full range of legal services including:

  • Real Estate & Mortgages
  • Wills & Estates
  • Family Law & Divorce
  • Commercial & Corporate Law
  • Litigation & Personal Injury

ROBERT Mackay is your TRUSTED REGINA LAWYERS!

 

Robert MacKay Trusted Regina Real Estate Lawyer expert tip on Buying Farmland

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   

 

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