Instead, the court looks at the child’s views and preferences as one factor in determining the child’s best interests under the Family Law Act and Divorce Act.  The wishes of young children is not given much consideration, as they are still developing emotionally, cognitively and psychologically.  They are not old enough to understand the ramifications of decisions they make.

Once children get into their teens, their preference may be given more consideration, depending on the reasons for their choice, but the Court still has the final say, and may determine that the child’s choice is not in their best interests.

How does the child’s viewpoint get communicated to the court?

If there is high conflict between the parents, getting an objective voice to provide  the court with the  child’s views and preferences (as opposed to the conflicting information from each parent regarding what the child “wants”) can be obtained in various ways:

Appointment of a lawyer for the child:

The Court can order that an independent lawyer be appointed for the child.  The lawyer must have special training to take on this role.  It involves meeting with the child and getting a “picture” of the child’s life in each home.  Using special interview skills, the lawyer can collect information from the child without asking the child who they want to live with which is not appropriate –   the child’s opinion can change from one day to the next, or they may not be at a stage of development where they can evaluate their decisions.

Having a lawyer represent the child requires a Court Order referred to as “Order to Appoint Child’s Counsel”

Voice of the Child Report:

The Court can also order that a psychologist, approved by the Court, meet with the child, and present their report to the Court.  To be approved, the psychologist must have special training, which is quite extensive, and experience.  The Report is usually quite extensive and can make recommendations on what steps might assist the parents to work together, but cannot make a recommendation on who should have primary care (commonly known in the past as “custody” of the child).

Contact us today at 780-960-8100 or visit mainstreetlaw.ca/business-law-lawyer to schedule your consultation.

The post At What Age Can My Child Tell Me Who He/She Wants To Live With appeared first on Main Street Law Llp.

Too often, entrepreneurs enter into leases without realizing the risks hidden in the fine print. From costly rent escalations to unexpected repair obligations, the terms you agree to today can have lasting impacts on your business — and, in some cases, your personal assets.

This guide explains why commercial leases demand extra caution, highlights the provisions that deserve close review, and shows how a thoughtful lease negotiation can help set your business up for success.

Why Commercial Leases Aren’t Like Residential Rentals

It’s tempting to think of a commercial lease as just a bigger, more formal version of a residential rental. In reality, they are far more complex and carry higher stakes. Unlike residential tenants, commercial tenants have limited statutory protections — which means the contract itself is your primary safeguard.

Key differences include:

• Length & Complexity – Commercial leases often run 3–10 years and can exceed 30 pages, with detailed terms that carry significant financial consequences.
• Built-In Cost Increases – Rent escalations may be tied to inflation, market trends, or fixed annual percentages — compounding your costs over time.
• Tenant Responsibilities – Commercial tenants are commonly responsible for repairs, maintenance, improvements, and sometimes even capital expenditures.
• Reduced Legal Safeguards – Residential tenants have broad statutory protections; commercial tenants must negotiate their own protections.

The takeaway: Residential leases are designed to protect tenants. Commercial leases are designed to protect landlords — unless you negotiate otherwise.

The Offer to Lease: Where Many Tenants Go Wrong

For many entrepreneurs, the first step in the leasing process is signing an Offer to Lease. At first glance, it looks like a harmless outline of rent, square footage, and lease length. In reality, it can bind you to the landlord’s standard lease — often before you’ve had the chance to review it.

Practical tip: Always review the full lease agreement with a lawyer before signing an Offer to Lease. This preserves your negotiating leverage and prevents unpleasant surprises later.

14 Critical Clauses Every Business Owner Should Review

While no two leases are identical, some clauses consistently carry the greatest financial and operational impact. Here’s what to look for:

Financial Terms

• Lease Term & Renewal Rights – Confirm dates and renewal options; without them, you risk losing your location just as your business takes off.
• Rent Structure & Escalations – Review how and when rent increases apply; even modest escalations add up significantly over time.
• Operating Costs (Additional Rent) – Taxes, insurance, and maintenance can sometimes exceed your base rent. Look for caps and clear estimates.
• Security Deposits – Understand the amount, purpose, and refund conditions.
  
  

Operational Clauses

• Lease Type – Gross (all-in), net (base rent plus expenses), or percentage (base rent plus a share of sales).
• Maintenance & Repairs – Define who handles what — from routine upkeep to major structural repairs.
• Pre-Possession Work – Clearly document landlord and tenant responsibilities, deadlines, and remedies for delays.

Business Protection Terms

• Assignment & Subleasing – Flexibility here can be crucial if you need to relocate or adjust your operations.
• Parking – Ensure you have enough spaces for staff and customers, with clear terms and costs.
• Insurance – Confirm requirements are both reasonable and obtainable.
• Default & Remedies – Know what constitutes a default, the penalties, and whether they could trigger personal liability.
• Competition & Exclusivity – These can protect your business from competitors, but must be carefully worded to avoid limiting your growth.
• Right of First Refusal – Grants you the opportunity to purchase the property if the landlord sells.
• Personal Guarantees – Understand the risks before tying your personal assets to business obligations.

Beyond the Lease: Location & Budget

Your lease is only one part of the decision. Where your business is located and the hidden costs attached to that location are equally important.

• Accessibility – Is the site convenient for both customers and suppliers?
• Visibility & Foot Traffic – High-visibility locations can save thousands in marketing costs.
• True Cost of Occupancy – Beyond rent, factor in utilities, insurance, taxes, maintenance, deposits, and infrastructure needs.

Negotiating Your Lease: What’s Possible

Almost every clause in a commercial lease is negotiable. Common areas to improve include:

• Caps on Rent Increases – To keep costs predictable.
• Tenant Improvement Allowances – Landlord contributions to help offset build-out costs.
• Exit Options – Early termination rights in case circumstances change.
• Repair & Maintenance Limits – Ensure you’re not responsible for expensive capital repairs.

A strong negotiation can transform an onerous lease into one that supports your growth.

Why a Lease Review Matters

Even a modest commercial lease can involve substantial commitments. A legal review ensures you:

• Spot one-sided or costly terms before signing
• Understand your rights and obligations in plain language
• Prevent disputes through clear, enforceable terms
• Strengthen your negotiating position
• Protect both your business and your personal assets

Bottom line: Reviewing your lease now can save you money, stress, and potential liability later.

How Main Street Law Can Help You Secure the Right Lease

At Main Street Law, we’re committed to helping Alberta business owners protect their investments and operate with confidence. Whether you’re leasing your first space or renegotiating an existing agreement, we provide clear, practical guidance every step of the way.

We can help you:

• Review and explain your commercial lease terms
• Identify and address clauses that could increase your costs or limit your flexibility
• Negotiate terms that better protect your business
• Ensure your lease aligns with your long-term goals and growth plans

Contact us today at 780-960-8100 or visit mainstreetlaw.ca/business-law-lawyer to schedule your consultation.

Make your next business move with a lease that works for you — not against you.

The post Your Commercial Lease Could Make or Break Your Business: What Alberta Entrepreneurs Need to Know appeared first on Main Street Law Llp.

Starting a business is one of life’s most exciting ventures. But beyond the passion and planning, there are important legal decisions to make—decisions that can impact your taxes, liability, and long-term success. At Main Street Law, business owners often ask us about the best way to set up their company. Should they incorporate, or simply register a trade name?

While both options allow you to operate a business in Alberta, they come with very different legal and financial implications. Knowing the distinction can help you protect yourself, plan for growth, and avoid costly mistakes down the road.

Registering a Trade Name

Registering a trade name is the process of officially declaring your business name and operations with the provincial government. It’s a common choice for entrepreneurs starting out as sole proprietors or partners.

Why business owners choose this option:

• Simple and affordable: It’s the quickest and least expensive way to get started.
• Low maintenance: Minimal paperwork and reporting requirements make it easy to manage.
• Great for testing ideas: Perfect for trying out a business concept, running a side hustle, or keeping operations local.

Things to keep in mind:

• No separation from personal assets: You and your business are considered one and the same, which means business debts and obligations are also personal.
• Unlimited personal liability: If your business is sued or can’t pay its debts, your home, savings, and other assets could be at risk.
• Limited name protection: Trade name registration only applies in Alberta, lasts for five years, and must be renewed. Other businesses in Canada may still be able to use a similar name.
• Perception matters: Some banks, investors, and clients may view sole proprietorships and partnerships as less formal or stable than incorporated companies.

Incorporating a Business

Incorporation is more than just filing paperwork—it creates a separate legal entity. This means the corporation itself can own property, sign contracts, and take on liabilities. For many entrepreneurs, this structure provides an added layer of protection and a stronger foundation for growth.

Why many business owners choose to incorporate:

• Limited liability: Shareholders are generally not personally responsible for corporate debts, so your personal assets are better protected.
• Tax advantages: Corporations may access lower tax rates and planning strategies such as income splitting or deferring taxes.
• Name protection: Federal incorporation secures your business name across Canada, while provincial incorporation protects it within Alberta.
• Credibility and growth potential: Being incorporated often enhances your reputation with lenders, investors, and clients, and can make expansion easier.
• Perpetual existence: Unlike sole proprietorships, corporations continue even when ownership changes—making it easier to sell or pass on to the next generation.

Important considerations before incorporating:

• Higher costs and complexity: Incorporation comes with upfront legal and accounting fees, annual filings, and corporate record-keeping.
• Ongoing compliance: Corporations must maintain a minute book, file annual returns, and follow governance rules.
• Residency requirements: For federal corporations, at least 25% of directors must be Canadian citizens or permanent residents.

How to Decide What’s Right for You

Deciding whether to register a trade name or incorporate comes down to your goals, risk tolerance, and long-term plans. A few key questions can help guide the decision:

• What are my liability risks?
  In higher-risk industries like construction, food services, or professional services, incorporation offers added protection by separating personal and business liabilities.
• Am I planning to grow?
  If the goal is to scale, raise capital, or expand beyond Alberta, incorporation provides the structure and credibility needed to support that growth.
• What is my budget?
  Registering a trade name is less costly to start, but incorporation may provide long-term financial advantages through lower tax rates and planning opportunities.
• How long do I plan to operate?
  A sole proprietorship ends when the owner steps away. A corporation, however, continues regardless of ownership changes, making it easier to sell or transfer.
• Do I need credibility with lenders or investors?
  Incorporated businesses are often seen as more stable and reliable, which can make a difference when securing financing or partnerships.

How Main Street Law LLP Can Help

A little bit of planning at the outset can make all the difference. Registering a trade name is quick, simple, and affordable—perfect for testing an idea or starting small. Incorporation, however, provides the liability protection, tax advantages, and credibility many businesses need to grow, thrive, and endure.

Choosing the right structure isn’t just a formality—it’s a strategic step that can shape your future success. The knowledgeable Business Law Lawyers at Main Street Law LLP work with you to understand your goals and provide practical, tailored advice—whether that means registering a trade name, incorporating, or planning for long-term governance and succession.

Please contact any of our Business Law or Corporate Lawyers in our Spruce Grove, Edmonton, or Drayton Valley offices today to schedule your initial consultation.

The post Incorporating vs. Registering a Trade Name in Alberta: What’s Best for Your Business? appeared first on Main Street Law Llp.

If this is your first Christmas post-separation, it’s important to acknowledge one thing:

Yes—Christmas will look different. And that’s okay.

It will not be the Christmas you’ve always known. But different doesn’t mean lesser. This season offers you the opportunity to create a new normal—one built on peace, stability, and connection for both you and your children.

Understanding Your Child’s Perspective

Children feel the shift deeply, especially during traditions that once looked a certain way. They may worry:

• “Who will I be with on Christmas Day?”
• “Will I see Mom AND Dad?”
• “Will Santa know where to find me?”
• “Is it okay to be excited about time with my other parent?”

Even if they don’t say it aloud, children often carry anxiety about trying to “balance” holiday joy between both homes.

Your role as a parent is to help release that pressure.

Showing genuine— or even pretended—interest in the fun they had with their other parent helps them feel safe. When your child shares excitement, meet it with warmth. This emotional safety gives them permission to enjoy Christmas without guilt or fear.

Flexibility: The Alberta Holiday Superpower

In Alberta, winter storms, icy roads, and long distances can wreck even the best-laid plans. But flexibility doesn’t weaken tradition—it strengthens it.

Try shifting the focus from the date to the experience.

Whether you celebrate on December 24th, 25th, 27th, or even January 2nd, your child will remember the feeling of Christmas—not the calendar.

Creating Your New Holiday Rhythm

Here are a few ways to build stability and comfort during this transition:

1. Create Traditions That Work in Both Homes

Stockings, a special breakfast, matching pajamas—double traditions can bring comfort and predictability.

2. Share a Consistent Santa Story

Reassure kids that Santa knows where they’ll be and visits both homes. Aligning your stories helps ease their worries.

3. Plan Early, With Wiggle Room

Weather and distance are Alberta realities. A shared co-parenting calendar can help keep communication clear and reduce stress.

4. Let Go of Perfection

Your first Christmas after separating may include emotional moments—grief, nostalgia, laughter, gratitude, all mixed together. That’s normal. Give yourself permission to feel what you feel.

You Are Not Ruining Christmas

Many parents fear their separation will “ruin” Christmas for their children. It won’t.

What children remember most is love, warmth, and being able to enjoy time with both parents without guilt. You may not be able to control every detail, but you can create a Christmas grounded in compassion, stability, and peace.

This year, let yourself rewrite the meaning of Christmas.
Your new traditions will grow with you—and over time, they’ll feel just as real and magical as the old ones.

Reach out to our Family Law team with any questions about separation or divorce.

The post Finding Your New Normal This Holiday Season appeared first on Main Street Law Llp.

We’ve seen many business owners stumble at this stage, not because of bad intentions, but because they underestimated the legal requirements that come with employment. The good news? With the right preparation and support, you can hire with confidence, protect your business, and set your team up for success.

This guide highlights the key legal considerations every Alberta business owner should understand before bringing on their first employee.

Understanding Alberta’s Employment Standards

Alberta’s employment standards legislation sets the baseline for every employment relationship in the province. These aren’t optional — they are mandatory requirements that apply from day one.

Here are some of the core areas you’ll need to comply with:

• Hours of Work & Overtime – Rules cover maximum hours, overtime thresholds, and pay rates.
• Vacation Entitlements – Employees earn vacation time and pay as a legal right, not a perk.
• General Holidays – Statutory holidays have specific pay and time-off rules.
• Job-Protected Leave – Parental leave, compassionate care leave, and other types of leave must be respected.
• Minimum Wage – Compliance goes beyond hourly pay; it includes tipped staff and irregular schedules.

Record-Keeping Obligations

Accurate records of hours, wages, overtime, vacation, and terminations aren’t just good practice — they’re a legal requirement. These records are also your best protection in the event of a dispute or audit. Start strong with reliable systems so you’re not scrambling to backfill later.

Human Rights: Building a Fair and Inclusive Workplace

The Alberta Human Rights Act applies to every workplace. Compliance isn’t only about avoiding liability — it’s about building a respectful culture that helps you attract and retain good people.

• Protected Grounds – Race, gender identity, disability, age, family status, sexual orientation, and more.
• Duty to Accommodate – Employers must make reasonable accommodations for employees’ needs, up to the point of undue hardship.
• Systemic Issues – Even neutral policies can unintentionally create barriers. Regular policy reviews are key.

Policy Development

Before your first hire, put core human rights and workplace conduct policies in place. A clear framework for expectations, complaints, and investigations shows your commitment to fairness and gives both you and your employees clarity moving forward.

Employee vs. Contractor: Getting It Right

One of the most common (and costly) mistakes small businesses make is misclassifying workers. Whether someone is an employee or an independent contractor has major tax, liability, and termination implications.

Courts and regulators look beyond labels to the actual relationship, considering factors such as:

• Control & Supervision – Who sets hours and directs the work?
• Financial Risk – Does the worker supply their own tools and carry risk of profit or loss?
• Integration – Is the worker central to your operations or providing outside expertise?
• Exclusivity – Do they work only for you, or for multiple clients?

Getting this wrong can lead to tax penalties, WCB issues, human rights liability, and termination pay obligations. It’s far cheaper to classify correctly from the start than to fix mistakes later.

Termination: Planning for the Exit

Canada does not have “at-will” employment. In Alberta, termination is one of the most legally complex areas of employment law.

• Termination With Cause – Only possible in rare, serious cases such as misconduct or willful disobedience. Courts require clear documentation and progressive discipline in most cases.
• Termination Without Cause – Requires notice or pay in lieu. While legislation sets minimums, courts often award “reasonable notice,” which can be much higher.
• Constructive Dismissal – Major changes to hours, duties, pay, or location without consent can amount to termination even if you didn’t intend it.

Properly drafted employment contracts can help limit your liability — but only if they’re written and implemented correctly.

Workers’ Compensation & Safety Obligations

Most Alberta employers must register with the Workers’ Compensation Board (WCB). This coverage protects both you and your employees if workplace injuries occur.

In addition, Alberta’s Occupational Health and Safety (OHS) Act applies to all workplaces, regardless of size. Key duties include:

• Providing a safe work environment
• Training employees on hazards and safety procedures
• Conducting regular hazard assessments
• Reporting certain incidents promptly

Employees also have rights, including refusing unsafe work and protection from retaliation if they raise safety concerns. Harassment and violence prevention policies are now mandatory for most employers, recognizing that safety is psychological as well as physical.

Practical Steps Before You Hire

Based on our experience helping Alberta businesses, here’s a roadmap for first-time employers:

Before Hiring:

• Develop workplace policies (human rights, health & safety, conduct).
• Draft proper employment agreements.
• Register with WCB and any other required programs.
• Set up reliable record-keeping systems.

During Hiring:

• Conduct legally compliant interviews.
• Run reference checks appropriately.
• Complete all necessary documentation.

After Hiring:

• Provide a thorough orientation.
• Communicate policies and expectations clearly.
• Monitor compliance and adjust as your business grows.

Why Legal Guidance Matters

Employment law is complex and constantly evolving — from new harassment requirements to changing human rights obligations. A lawyer helps you:

• Put the right contracts and policies in place
• Prevent costly missteps with classification or termination
• Stay compliant as laws and best practices evolve
• Build a strong legal foundation for growth

Moving Forward with Confidence

Hiring your first employee is a major milestone—and the way you handle it can shape the future of your business. From understanding Alberta’s employment laws to putting the right contracts, policies, and safety measures in place, there’s a lot to consider.

The knowledgeable Business Law Lawyers at Main Street Law LLP work closely with Alberta business owners to ensure every step of the hiring process is legally sound. We can draft tailored employment agreements, develop compliant workplace policies, guide you through employment standards and human rights requirements, and advise on occupational health and safety obligations. Our goal is to help you protect your business, support your employees, and set a strong foundation for growth.

If you’re ready to make your first hire—or want to review your existing employment practices—contact the Business Law Lawyers at Main Street Law LLP. We’re here to provide clear advice, practical solutions, and the peace of mind that comes from having a trusted legal partner on your side.

Contact us today at 780-960-8100 or visit mainstreetlaw.ca/business-law-lawyer to schedule your consultation.

The post Hiring Your First Employee in Alberta: A Legal Roadmap for Success appeared first on Main Street Law Llp.

At Main Street Law, we frequently see clients who wish they’d tackled a few key discussions before moving in. While it’s not about expecting the worst, it’s about being informed, prepared, and fostering mutual respect. Whether this is your first home together or a progression after years of dating, here are three essential legal conversations to have before signing that lease or mortgage. 

1. How Will You Share Finances and Household Expenses? 

Money becomes an integral part of daily life when you live together, even if you aren’t legally married. Agreeing on how to handle expenses and finances upfront can prevent misunderstandings later. 

Questions to Discuss 

• Will you open a joint bank account or keep finances separate? 
• Who is responsible for paying the rent or mortgage, utilities, and other household bills? 
• How will you divide expenses if one partner earns significantly more than the other? 
• If one partner owns the home, will the other contribute to the mortgage, and what does that mean for ownership? 

Why This Matters Legally 

Financial contributions made while cohabiting can lead to disputes if the relationship ends. For example, if one partner helps pay down the other’s mortgage, they might later claim an interest in the property without a prior agreement in place. 

Pro Tip 

Write down your agreements around finances. While it doesn’t have to be overly formal, documenting shared responsibilities creates a clear understanding. For added security, consider formalizing your arrangement in a cohabitation agreement, with the help of a lawyer. 

2. Who Owns What—and What Happens If Things Change? 

When you move in together, you each bring personal belongings—furniture, electronics, perhaps even a beloved pet. Over time, you’ll accumulate more shared items, from appliances to sentimental purchases. Sorting out ownership in case of a breakup can be challenging without a plan. 

Points to Consider 

• What items do each of you own individually versus jointly? 
• How will shared purchases, like furniture or a car, be divided if the relationship ends? 
• Will you take steps to protect inheritance or family-owned assets? 

Why This Matters Legally 

Under Alberta’s laws, common-law partners who have lived together for 3 or more years, or have a child together generally share the same property rights (also known as Adult Interdependent Partners) share the same property rights as married couples. Without clear documentation, disputes over assets can arise. 

Pro Tip 

A cohabitation agreement can outline ownership of property and provide a framework for dividing assets fairly if the relationship doesn’t work out. It’s particularly useful for blended families, second relationships, or couples with significant pre-existing assets. 

3. What Are Your Expectations If the Relationship Ends? 

Talking about a potential breakup while moving in might feel uncomfortable, but it’s one of the smartest things you can do. Planning for “what if” scenarios now can save you from tremendous stress later. 

Questions to Ask 

• If the relationship ends, who would stay in the home? 
• Will one partner buy out the other’s share, or will you sell and split the proceeds? 
• What happens to jointly held savings or shared debt? 
• If there are children from a previous relationship, how will parenting responsibilities be honored? 

Why This Matters Legally 

Without a written agreement, separating couples often face uncertainty and disputes over finances, property, and living arrangements. Building an exit plan into a cohabitation agreement can help ensure a smooth transition and avoid unnecessary conflict. 

Pro Tip 

Think of this conversation as a sign of mutual respect and maturity. A basic plan doesn’t mean you’re preparing for failure—it shows you value clarity and fairness in your relationship. 

What Is a Cohabitation Agreement? 

A cohabitation agreement is a legally binding document that defines the rights and responsibilities of both partners while living together. It can cover key issues such as: 

• Ownership of property. 
• Division of expenses. 
• Allocation of joint debt. 
• Arrangements for children from previous relationships. 
• What happens in the event of a separation. 

Who Needs One? 

While not every couple requires a formal agreement, it’s especially important in situations where: 

• One partner owns the home. 
• There’s a large income or asset disparity between partners. 
• Either partner has children from a previous relationship. 
• You plan to stay together long-term without marrying. 

Isn’t This Just for Common-Law Couples? 

Mostly. Under Alberta law, couples become “common-law” (recognized as Adult Interdependent Partners) after living together for three or more years, having a child together, or signing an agreement. Common-law partners have different legal rights compared to married couples, making these steps vital. 

That said, even married partners can benefit from clarifying finances and property ownership—especially in blended family situations or when one partner acquires significant assets before moving in together. 

How Main Street Law Can Help 

Starting your life together on a strong foundation is about more than love and excitement—it’s about clarity, communication, and shared understanding. At Main Street Law, we make these conversations straightforward and approachable while helping you protect your future. 

We Offer Guidance On 

• Financial and property rights for cohabiting couples. 
• Drafting and reviewing cohabitation agreements. 
• Advising on joint ownership, shared expenses, and future planning. 
• Navigating legal options if your relationship changes. 

Our experienced family lawyers serve couples in Spruce Grove, Edmonton, Drayton Valley, and surrounding communities. No matter how long you’ve been together, it’s never too early to understand your rights and safeguard your future. 

Move Forward With Confidence 

Moving in together should be exciting—not uncertain. By having these legal conversations and exploring smart steps like a cohabitation agreement, you can focus on building a life together with peace of mind. 

Call Main Street Law today at 780-960-8100 or visit mainstreetlaw.ca/family-law to book a consultation. 

Together, we’ll help you protect your future and make this new chapter a positive and secure experience! 

The post Moving in With Your Partner? 3 Legal Conversations to Have First  appeared first on Main Street Law Llp.

Although people often use these terms interchangeably, they mean very different things in a legal context. If you’re thinking about ending your relationship, understanding the distinction is key to knowing your rights and responsibilities. 

What Does it Mean to Be Separated? 

Separation occurs when you and your partner decide to end your relationship and stop living as a couple. Importantly, you don’t need to file paperwork or go to court to be considered separated in Alberta. You’re legally separated as soon as you meet one of the following conditions: 

• You no longer live together. 
• You still live in the same household but no longer function as a couple (e.g., sleeping in separate rooms, handling finances independently, and no longer sharing meals or activities as partners). 

This applies to both married spouses and common-law partners. 

Key Point 

Separation does not equal divorce. You can remain separated for years and still be legally married. 

What is Divorce? 

Divorce, on the other hand, is a formal legal process that ends a marriage. This requires filing documents in court and obtaining a divorce judgment. 

To be granted a divorce in Alberta, you must demonstrate that your marriage has broken down. There are three primary grounds for this under the Divorce Act: 

1. One Year of Separation

   No-fault divorces are the most common in Alberta. Typically, couples must be separated for at least one continuous year. 

1. Adultery

   Infidelity can be grounds for a fault-based divorce. 

1. Mental or Physical Cruelty

   This includes abuse that makes it intolerable to continue the relationship. 

Once your divorce is finalized, you are no longer legally married. This allows you to remarry if you wish. 

Why People Stay Separated Without Getting Divorced 

There are many reasons people choose separation without filing for divorce, including: 

• Financial or Emotional Readiness

  Some individuals need time to process the emotional and financial implications of divorce. 

• Religious or Cultural Beliefs

  Divorce may conflict with someone’s personal or religious values. 

• Immigration Concerns

  Staying married might benefit a spouse’s immigration status. 

Remaining separated without divorcing is perfectly legal. However, separation doesn’t automatically resolve important issues such as asset division, parenting responsibilities, or financial support. This is where a separation agreement comes in. 

What’s a Separation Agreement? 

A separation agreement is a legal document that outlines how you and your former partner plan to handle major aspects of your separation. This may include decisions about: 

• Living Arrangements

  Who stays in the family home? 

• Parenting

  Time spent with children, decision-making responsibilities, and vacation schedules. 

• Child and Spousal Support

  Financial obligations to support the children or partner. 

• Division of Property and Debt

  Splitting assets (like homes or savings) and debts. 

Why It’s Important 

Even if your separation is amicable, having a lawyer draft or review your agreement ensures it’s enforceable and protects your rights in the long term. 

Property Division During Separation and Divorce 

Whether separated or divorced, the division of property follows Alberta’s Family Property Act. This legislation applies to married couples and Adult Interdependent Partners (common-law couples). It generally requires a fair division of assets and debts acquired during the relationship. 

Timing Matters 

The date of separation is typically used as the “cut-off” for determining how property is divided. Even if you stay separated for years, that date becomes key in determining who gets what. 

Parenting and Child Support 

Separation and divorce don’t change your parenting rights or obligations. Alberta law prioritizes the best interests of the child regardless of the parents’ marital status. 

During separation, you and your ex-partner can create a parenting plan that outlines arrangements such as: 

• Where the children will live. 
• How decisions about health, education, and activities will be made. 
• A holiday and vacation schedule. 
• Agreements regarding child support payments. 

These agreements can be formalized and submitted to the court for added protection, ensuring everyone’s responsibilities are clear. 

When to Move From Separation to Divorce 

There’s no universal timeline for transitioning from separation to divorce. However, the following signs might indicate it’s time to take that next step: 

• You’ve been separated for over a year and want legal closure. 
• You want the ability to remarry. 
• You’ve already sorted out key issues (parenting, property, support) and want a final order. 
• You’re ready to emotionally move forward. 

Tip: You don’t need to resolve every issue before filing for divorce. You can file while continuing to negotiate or litigate terms. 

Common Myths About Separation and Divorce in Alberta 

Myth 1: “We live in the same house, so we’re not separated.” 

Truth: You can be separated while living under the same roof, provided you’re no longer functioning as a couple. 

Myth 2: “Separation requires going to court.” 

Truth: Most separations and divorces are resolved through agreements or mediation, not courtroom battles. 

Myth 3: “We’ve been separated for years, so we’re divorced.” 

Truth: You remain legally married until a divorce court order is granted, no matter how long you’ve been apart. 

How Main Street Law Can Help 

Navigating separation and divorce can feel overwhelming, but you don’t have to face it alone. At Main Street Law, we provide clear, compassionate legal advice tailored to your situation. Our family law services include assistance with: 

• Drafting and reviewing separation agreements. 
• Parenting plans and child support arrangements. 
• Spousal support calculations. 
• Division of property and debt. 
• Divorce applications and court representation as needed. 

We’re proud to serve clients across Spruce Grove, Edmonton, Drayton Valley, and surrounding communities. 

Take the Next Step with Confidence 

Whether you’re just starting the separation process or ready to finalize your divorce, Main Street Law is here to guide you. Contact us today at 780-960-8100 or visit mainstreetlaw.ca to book a consultation. Together, we’ll help you move forward with clarity, confidence, and support. 

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If you’re considering a name change in Alberta, you’re not alone. At Main Street Law, we understand that this transition can feel both exciting and overwhelming. We’re here to make the legal process straightforward, ensuring you move forward with clarity and confidence.

Who Can Change Their Name in Alberta?

Alberta offers clear guidelines about who is eligible to apply for a legal name change. You can apply if:

• You’re 18 or older (or a legal guardian submitting on behalf of a minor). 
• Must be an Alberta resident.
• You’re not already applying for a name change in another province or country. 

Reclaiming Indigenous Names:

• Residential school survivors and persons who were part of the Sixties Scoop may reclaim their Indigenous name at no cost. Descendants and spouses/partners of residential and Sixties Scoop survivors are also eligible for name changes if they are residents of Alberta.

Do You Need a Legal Name Change for Marriage? 

No, you don’t. If you are assuming your spouse’s last name after marriage, you can do so without a formal legal name change. If you separate and get divorced you do not need to go through a legal process. You simply need your birth certificate to transfer everything back to your maiden name.

What Do You Need to Apply?

The key to a smooth application process lies in preparation. To legally change your name in Alberta, you typically need the following:

• Government-issued photo ID (such as a driver’s license or passport). 
• Birth certificate (yours or your child’s, if you’re applying on their behalf). 
• Proof of Alberta residency (e.g., utility bill, lease agreement). 
• A completed Application for Change of Name form (Adult or Minor versions are available). 

If you’re submitting an application for a child, additional documentation like the other parent’s consent or a court order may be required.

Do Fingerprints Play a Role? 

Yes. If you’re 12 years or older, Alberta mandates a fingerprint-based criminal record check as part of the name change process. These fingerprints must be taken by either an accredited police service or an authorized agency. It’s a necessary step to ensure transparency and security throughout the process. Confirmation of the check must be brought in as part of your application for clarity.

How to Submit Your Application

Once you’ve gathered the required documents, here’s how the submission process works:

1. Visit any Alberta Registry office to submit your completed application. 
2. Provide all necessary ID and supporting documents. 
3. Pay the applicable fees, which typically include a $120 application fee and additional registry service charges. 
4. Allow a few weeks for processing. 

Once approved, you’ll receive your official Legal Change of Name Certificate—a vital document that confirms your new identity.

What Happens After the Change?

After your name change is legally recognized, the next step is to update your name across all personal records and accounts. This prevents confusion and ensures consistency in every aspect of your life. 

Some key places to update include:

• Alberta Health Care Insurance Plan
• Driver’s license and vehicle registration
• Passport Canada
• Canada Revenue Agency (CRA)
• Your bank, employer, school, and any professional associations. 

Pro Tip 

To streamline the process, create an organized checklist of places to notify. Tackling this list step by step can save you time and stress.

Why People Decide to Legally Change Their Name

Name changes are deeply personal and can stem from a variety of meaningful decisions and life events:

• Marriage or Divorce—Taking a partner’s last name, hyphenating, or reverting to a maiden name. 
• Gender Identity—Choosing a name that aligns with how you see and express yourself. 
• Cultural or Personal Beliefs—Selecting a name that better reflects your identity or heritage. 
• Adoption or Family Connection—Changing a child’s or your surname to match a family dynamic. 

At Main Street Law, we respect the significance of these moments in your life and are committed to making the legal side of things as smooth as possible.

How Main Street Law Can Help

Changing your name shouldn’t feel complicated or overwhelming. Our approachable and experienced team knows how important this decision is, and we’re here to provide you with the guidance and support you deserve.

Our Services Include:

• Step-by-step guidance on Alberta’s name change requirements. 
• Support for minors—we assist legal guardians in managing the paperwork for children. 
• Document checks—ensuring your application is complete and error-free. 
• Advice for unique circumstances, like divorce-related name changes or gender identity transitions. 

We serve clients across Spruce Grove, Edmonton, Drayton Valley, and nearby communities. A name change is more than just an administrative process—it’s a transition that reflects your personal growth and future goals. 

Take the Next Step Today

Looking to make an official name change? With Main Street Law by your side, you can feel supported, informed, and ready to start your next chapter. 

Schedule your consultation today. Call us at 780-960-8100 or visit mainstreetlaw.ca to learn more about how we can help. 

Your name is your identity. Make this meaningful change with confidence and the right legal support. 

The post Marriage, Divorce, Identity: Your Guide to Legal Name Changes in Alberta appeared first on Main Street Law Llp.

At Main Street Law, we work closely with home buyers, sellers, and agents across Spruce Grove, Edmonton, and Drayton Valley. Our mission is simple and unwavering—to protect your interests, flag potential problems early, and ensure your real estate closing goes off without a hitch.

What Exactly Does a Real Estate Lawyer Do?

Whether you’re buying your dream home or selling a beloved property, a real estate lawyer is your advocate. Here’s how they guide you through every step and why their role matters so much.

1. Reviewing the Purchase Agreement

The purchase agreement outlines the price, conditions, timeline, and obligations for both parties. It’s the core of your transaction—but it’s also packed with legal terms that can be confusing.

A real estate lawyer will:

• Examine the agreement before you sign.
• Translate legal jargon into plain English.
• Highlight any unusual terms or potential risks.
• Suggest negotiation opportunities if needed.

Why it matters: Once you sign, the agreement becomes legally binding. It’s crucial to be confident about what you’re agreeing to.

2. Conducting a Title Search

A thorough title search is the backbone of a sound real estate deal. Your lawyer will review property records to confirm:

• The seller’s legal right to sell.
• No hidden liens, debts, or legal issues.
• No restrictions or encumbrances that could affect your ownership or use.

Common problems a title search uncovers:

• Builder’s liens
• Outstanding property taxes
• Easements or rights-of-way
• Incorrect land descriptions

Why it matters: Discovering these issues early can prevent delays, unexpected expenses, or even the loss of your deposit.

3. Preparing and Reviewing Legal Documents

Every real estate transaction generates a stack of important documents. Missing something here can lead to costly problems down the road.

Your lawyer manages:

• Mortgage and financing documents
• The transfer of land to the new owner
• Tax certificates to ensure property taxes are paid
• Real Property Reports (RPR) and compliance certificates
• Closing documents and the statement of adjustments

Why it matters: Proper documentation ensures your transaction complies with Alberta’s Land Title Act and local municipal requirements. Errors can derail your sale or expose you to lawsuits.

4. Handling the Transfer of Funds

A real estate lawyer is also your financial gatekeeper during closing.

They will:

• Hold deposit funds in trust
• Coordinate with lenders or banks
• Pay any outstanding fees or taxes
• Distribute final payments to the seller, your lender, and the municipality
• Release remaining funds to all parties

Why it matters: With large sums involved, having a trustworthy professional manage the finances protects you from fraud or mistakes.

5. Registering New Ownership

After closing, your lawyer registers the new ownership with Alberta’s Land Titles Office. This step officially transfers the title and ensures your legal ownership is recognized.

For buyers, your lawyer will also:

• Register any mortgages or encumbrances
• Address title issues proactively

Why it matters: It solidifies your legal claim to the property and helps avoid future disputes with third parties.

What About Sellers?

Sellers benefit from legal representation, too. Your lawyer will:

• Review offers and explain your legal rights
• Ensure all buyer conditions are met
• Arrange payouts for existing mortgages
• Adjust property taxes, condo fees, or rent
• Prepare closing documents and ensure you receive proceeds promptly

Selling without a lawyer can expose you to legal disputes, financial setbacks, or complications if the buyer encounters title issues.

When Should You Hire a Real Estate Lawyer?

Ideally, involve a lawyer before signing any purchase agreement. At the latest, bring them in as soon as your offer is accepted. Lawyers not only review documents but guide you step by step through the closing process, safeguarding your interests at every turn.

Frequently Asked Questions

Can’t my real estate agent handle this?

Your agent is invaluable for marketing and negotiation but can’t provide legal advice or draft legal documents. Only a lawyer ensures your rights are fully protected and that your agreement is legally binding.

Do I need a lawyer for a new build?

Absolutely. New builds involve complex contracts and unique risks. Your lawyer will review builder agreements, address potential issues, and clarify your rights during construction.

Is hiring a lawyer expensive?

Legal fees are a small percentage of your purchase or sale and can save you thousands. At Main Street Law, we believe in straightforward, competitive pricing and offer detailed quotes before you proceed.

Choose a Trusted Team for Alberta Real Estate

Whether you’re buying your first home, selling a condo, or handling a rural property transaction, Main Street Law is here to guide you through:

• Residential purchases and sales
• Condominium transactions
• Acreage and rural property sales
• Title transfers
• Mortgage refinancing

Take the stress out of your move. Contact our experienced real estate lawyers at Main Street Law for a smooth, on-time closing. Call us at 780.960.8100 or visit our website to book a consultation.

Protect your next step, and move forward with confidence.

The post Buying or Selling a Home? Here’s Why You Need a Real Estate Lawyer appeared first on Main Street Law Llp.

At Main Street Law, we’ve helped entrepreneurs across Spruce Grove, Edmonton, and Drayton Valley start and scale thriving businesses built on solid ground. Whether you’re opening a cozy café, launching a freelance service, or setting up a retail shop, making smart legal decisions now can protect you from expensive headaches later.

Below, you’ll find five must-do legal steps for every Alberta business owner.

1. Choose the Right Business Structure

Your business structure shapes everything from how you pay taxes to your level of personal liability. The best option depends on your goals, risk tolerance, and growth plans. Here’s a quick rundown:

• Sole Proprietorship

The simplest structure, easy and affordable to set up. However, you’re personally liable for all financial obligations.

• Partnership

Shared ownership (and risks!) between two or more people. Profits are split—but so is liability.

• Corporation

A separate legal entity offering limited liability, potential tax advantages, and greater growth opportunities, though you’ll need to meet more compliance requirements.

Why it matters:

Picking the wrong structure can expose you to unnecessary risk or cause trouble come tax time. Fast-growing businesses or those taking on significant debt should be especially careful.

Action Step:

Consult with a business lawyer to clarify your goals and risk profile. At Main Street Law, we’ll help you select and formally establish the best-fit structure, setting you up for peace of mind from day one.

2. Register Your Business Name and Obtain Licenses

Before you design that logo or order your first set of business cards, make sure your business name is available and legally registered. In Alberta, registration requirements vary by structure:

• Sole Proprietorships & Partnerships: Register with Alberta Registry Services.
• Corporations: Choose a unique name or operate under a numbered company.

Don’t forget, you may also need municipal business licenses, zoning permits, or health and safety certifications, depending on your industry.

Why it matters:

Failure to register or obtain necessary permits can mean fines, forced name changes, or even temporary shutdowns.

Action Step:

Our team can guide you through the registration process, perform name searches, and ensure you secure all the licenses needed to stay compliant.

3. Draft Strong Contracts

Whether you’re hiring employees, working with vendors, or providing services, written contracts are your best defense. Relying on handshake deals or free online templates leaves you open to risk.

Key contracts to consider include:

• Employment agreements
• Service contracts
• Vendor/supplier agreements
• Non-disclosure agreements (NDAs)
• Partnership agreements

Why it matters:

Clear, enforceable contracts protect your interests, reduce misunderstandings, and provide a plan if things go sideways. They also demonstrate professionalism and help build lasting trust with partners and clients.

Action Step:

Work with a business lawyer to draft or review contracts tailored to your specific business needs and Alberta’s legal standards.

4. Protect Your Intellectual Property

Your business name, logo, website, and unique offerings are valuable assets. Take steps now to secure what you’ve created.

Consider protecting your IP by:

• Registering your website’s domain name
• Trademarking your business name or logo
• Copyrighting original content (blogs, marketing, training guides)
• Using confidentiality agreements for sensitive business info

Why it matters:

If not protected, your brand or original work might be used by others or, worse, force you to rebrand if someone else claims prior ownership.

Action Step:

Main Street Law can help you inventory your intellectual property, determine what should be registered, and take swift action to prevent misuse.

5. Understand Your Legal Obligations

Every business must comply with a mix of general and industry-specific legal requirements, such as:

• Tax compliance: GST, payroll deductions, corporate income tax
• Occupational Health & Safety (OHS): Ensuring a safe work environment
• Employment Standards: Rules for hiring, firing, payroll, vacation
• Privacy Laws: If you collect or store personal data
• Consumer Protection Legislation: Your obligations to clients and customers

Why it matters:

Even accidental non-compliance can result in fines, lawsuits, or reputational damage. The earlier you know your obligations, the better.

Action Step:

Our experienced team will guide you through the relevant rules and regulations for your business, helping you create policies that keep you compliant and confident.

Bonus Tip: Don’t DIY Your Legal Foundation

Cutting corners on legal matters might seem like a cost-saving move, but it can lead to bigger expenses down the line. Think of solid legal support as an investment in your business’s longevity and peace of mind.

Even a short consultation with a lawyer can help you:

• Avoid common legal pitfalls
• Understand your responsibilities
• Feel confident that your business is built on a strong foundation

How Main Street Law Can Support Your Success

At Main Street Law, we’re passionate about helping Alberta businesses grow. From formation to expansion, our personalized, action-focused support helps you move forward with clarity and confidence.

We can help you:

• Choose and register the right business structure
• Draft and review contracts
• File trademarks and protect your brand
• Navigate employment and regulatory compliance
• Plan for success long term

Contact us today at 780.960.8100 or visit mainstreetlaw.ca/business-law-lawyer to schedule your consultation.

Start your business with the right legal foundation and set yourself up for success!

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