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Frequently Asked Questions

Get answers to your questions about family law, divorce, separation, estate planning and real estate law

Jonathan Healey

What are the qualifications of Edmonton lawyer Jonathan Healey?
He has practiced law for more than 20 years and handled hundreds of cases for individuals who need legal help. Keep that in mind as you are searching through the directory of Edmonton lawyers or gathering information by reading articles about Edmonton lawyer reviews and ratings, tactics employed by accident lawyers employed by insurance companies, the dos and don’ts of car accident claims and the experiences of others who know what it takes to sue an insurance company.

Does Jonathan Healey offer free, introductory consultations for individuals searching through the Edmonton lawyer directory for legal advice from a top law firm in Edmonton?
Yes, contact our Edmonton law office by phone or email to request your introductory consultation.

What are the legal fees for a law firm in Edmonton like Healey Law?
It depends on your legal case and what area of law is involved. Healey Law offers the following legal fee options:

  • Monthly retainer (Family Law)
  • Flat fees (Real Estate Law)

How will I know if Healey law is the best law office for the legal services I need?
You should get in touch with Edmonton lawyer Jonathan Healey if you are searching for:

  • Law Edmonton
  • Family law in Edmonton
  • Divorce lawyers in Alberta
  • Separation legal advice
  • Real estate lawyers
  • Edmonton lawyer directory

Child Custody legal services for fathers and mothers

What are the differences between mothers rights and fathers rights in a child custody case?
In a situation where the parties are married there should not be any differences between a mothers’ and father’s rights in a child custody case. However, a number of relevant factors will need to be considered, principally what custody arrangement would be in the child's best interests.

However, in a common law situation, the mother has guardianship of the child by law. A father does not by law become a guardian of the child unless he has been living with the mother on a continuous basis for a period of six (6) months prior to or after the birth of the child. If that is not the case, the father will have to apply to the court for guardianship of the child.

Does getting child custody always involve the creation of a child custody agreement?
No, if the parties are unable to reach an agreement in regard to child custody, one or both of the parties will have to make an application to the court to decide the issue of custody. The court will make an order which will determine the issue of the custody of the child on an interim basis. If the parties are still unable to agree upon custody, the matter will have to go to trial.

Do you provide a free introductory consultation for someone who has child custody questions or is unsure about how get child custody?
Yes. You can contact the law office of Edmonton lawyer Jonathan Healey by phone 780-439-7700 or online.

Edmonton Divorce and Separation Lawyer

Does living apart from your former partner for several years mean you have grounds to become divorced?
No. There are only three ways to file for divorce: adultery; mental or physical cruelty; living “separate and apart” for more than one year. Note that you don’t need to be living in separate residence to be considered living separate and apart.

What is a separation agreement?
A separation agreement is an alternative to going to court for individuals who want an uncontested or joint divorce. The separation agreement has far ranging implications for both parties and as such should be written by a Family Law Lawyer. Typical issues covered by a separation agreement include child custody, spousal support, property distribution, debts and pensions. One lawyer can draft the agreement for both parties, but a separate lawyer should review the agreement to ensure it protects both parties.

Lawyer for Prenuptial Agreements

Are prenuptial agreements only for individuals who have been married at least once before getting married again?
No. If you have significant assets and are getting married for the first time, you should consider setting up a prenuptial agreement.

What takes precedence under Alberta Law - Family Law or the terms of a Prenuptial Agreement?
The term of a Prenuptial Agreement is the whole purpose of a Pre-nuptial Agreement is to make certain elements of Family Law not applicable.

When is the ideal time to set up a Pre-nuptial Agreement?
We recommend at least three months before the wedding date.

Common law in Alberta

Same sex couple, among clients served by Healey law, trusted for legal advice on common law in Alberta, civil lawyer services, family law, divorce lawyer help to file for divorce and much more.What is common law separation?
A common law separation occurs when two people who have lived together in a “marriage-like” relationship separate. Common law individuals are not entitled to the same rights as a married couple, and the rights they do have vary from province to province.

What is a co-habitation agreement?
A cohabitation agreement set out how a couple who live together will proceed if they decide to separate. The agreement can include property rights, financial assets, support payments and child support and access.

Real Estate lawyer legal services

Can Healey Law help me if I am buying or selling a home, a new house, an existing property or a condo?
Yes, we can provide legal help with everything that needs to be done legally to facilitate real estate transactions in the greater Edmonton area and beyond.

Does Healey Law offer flat rate fees for real estate legal fees related to the buying or selling of a home.
Yes, Healey Law offers flat rate fees for real estate legal services.

Does Alberta have a land transfer tax?

Why is it risky to buy a property or put a home up for sale without the help of a real estate law firm like Healey Law?
A real estate lawyer gives you the peace of mind that comes with knowing your rights will be protected whether you are buying or selling a home, house, property or condo. Do a real estate transaction on your own and you may miss a hidden liability that could become a big problem after the transaction is complete. In addition, your real estate lawyer ensures that all the necessary documentation is completed properly. That’s important because just one mistake could be difficult – and costly – to correct after the transaction is complete.

What is probate?
Probate is the process used to transfer legal title of property from the estate of the deceased to the proper beneficiaries. It can take up to a year to complete the process and the legal costs can add up to 5% of the estate's value.

When is probate not necessary?
Probate is not required to transfer property that is held in joint names or assets that have a named beneficiary, such as RRSPs, RRIFs, pensions and life insurance policies.

Wills & Estates Lawyer

What happens if I have not consulted with a wills and estates lawyer and don't have a Will?
Key decisions regarding your estate are not made by you.

Who benefits if I have a Will properly drafted by a skilled and experienced lawyer who specializes in planning Wills, Estates and Trusts?
Your relatives and loved ones because there is no doubt about your intentions and hence no room for argument or dispute.

What is A Power of Attorney for Property?
This is a legal document that specifies who will make decisions about your property if you are unable or unwilling to assume this responsibility.

What is A Power of Attorney for Personal Care?
This is a legal document that specifies who will make decisions about your healthcare if you are unable or unwilling to assume this responsibility.

Quick facts about hiring an Edmonton lawyer

Hire a specialist – Don't go to a Commercial Law Lawyer if you have a Family Law legal case. There are specialists in every field of law. Choose the one that matches your case and has a proven track record.

Meet the lawyer in person – Don't make the mistake of relying on telephone calls or emails. Meet and interview the lawyer before making any decision on who is the best lawyer to handle your case.

Gender doesn't matter – The best lawyer for your case could be a man or a woman. Don't assume that there is any advantage in choosing one or the other gender.

Ask about the timeline – A busy lawyer may take your case, but be unable to give it much time because he or she has other commitments. That means your case will take longer to resolve. At best, that will be frustrating. At worse, it could mean missed opportunities and added costs for legal services.

Confirm who is handling your legal case – While the Principal of a law firm may meet with you at the start, a junior lawyer could be handed your case. Always establish who will handle your case before you sign up.

What takes precedence under Alberta Law -- Family Law or the terms of a Prenuptial Agreement?
The term of a Prenuptial Agreement is the whole purpose of a Pre-nuptial Agreement is to make certain elements of Family Law not applicable.

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Healey Law Office Location

10530 110 St NW, Edmonton, AB T5H 3C5
Phone: 780-439-7700

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