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Law Office of Mark E. Idler

markidlerlaw@gmail.com

Services List

If your estranged spouse or partner and you are not at the point where you each agree on all matters in your separation and/or divorce, but you are still able to talk in a civil fashion with each other, the best service that I can offer you is family law mediation.

Typical litigation of a family law dispute involves each party retaining a family lawyer, and each of these two lawyers will bill the time that they spend on the file at $350.00 per hour, on average, over the course of the resolution of the dispute in Court. It is rare for a family to be able to afford a combined $700.00 per hour, which comes out of the family budget, especially after the parties have established separate residences.

My office charges $220.00 per hour plus G.S.T. for mediation of family law conflicts and typically schedules 1.5-hour mediation meetings with a couple. I have an excellent track record built over the last 21 years of helping my clients reach mutually agreeable, legally binding solutions for their separation through mediation.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.

Family Mediation

With Mark Idler Law, the preparation and execution of a Last Will and Testament, Enduring Power of Attorney, and Personal Directive PACKAGE for a single individual starts at $420.00 plus GST, and we are pleased to offer a Couples’ discount, where the preparation of Two Last Wills and Testaments, Two Enduring Powers of Attorney and Two Personal Directives starts at $780.00 plus GST.

It likely goes without saying that a professionally prepared Last Will and Testament is legally binding document that outlines an individual’s instructions as to how to divide, transfer, and deliver their property, the value they hold in their financial accounts, and personal possessions after their death. This bundle of property rights are referred to as the testator’s Estate

In the event that you pass away without a legally binding Last Will and Testament, you are said to have died “intestate.” As a result, Alberta’s Wills and Succession Act will determine how your assets will get distributed. It may also determine which of your family members become the legal guardians of your dependent children, if you have children under the age of majority.

The popular companion documents to a Last Will and Testament are often referred to as “Living Wills”, because they are structured to legally appoint your most trusted loved ones to help you with all important life choices, in the event that you were to suffer a disabling medical setback in the future.

In Alberta, these living will documents are called Personal Directives and Enduring Powers of Attorney.

A Personal Directive prepared by my office will typically outline guidance and / or mandatory rules for my client’s nominated loved ones, who are given the title of “Agent”, by the Personal Directives Act of Alberta, on the following areas of life choices:

a. the defining moment as to when their Personal Directive will take effect in the future, typically after examination by a Family Physician that my client has some degree of a relationship with through annual checkups, flu shots and prescription refills, OR two Medical Doctors that my client has no prior relationship with, in the event of a serious automobile accident, while travelling out of town, for example;

b. a direction to subscribe to homecare services that will allow my client to continue to live in their own home, after they have suffered a disabling medical setback;

c. active consultation with my client in the choice of any future residential care accommodations, in the event that my client can no longer live independently in their own home;

d. a potential direction to canvass whether my client is eligible to receive a subsidy to pay some or all of the costs associated with hiring live-in caregiver(s) through Alberta Health Services’ Self Managed Care Program, for those of my clients who are intent on simply not moving into an extended care centre, despite labouring with significantly poor health;

e. a defined timeline for highest level medical care after events like a serious car accident, heart attack or stroke;

f. potential directions on the administration of intravenous hydration and/or a feeding tube in certain circumstances;

g. end-of-life directions in the event that my client’s attending physicians come to the conclusion that there is no known hope in medical science of recovery;

h. potential directions on an individual’s tissue or organs being made available for living human transplant and/or medical research after their death, OR a direction that no organs or tissues are to be removed from their body after their death, for any reason;

i. directions on appropriate pain management, and clearly defined legal authority for my client’s Agent(s) to have the right to advocate on my client’s behalf for a second (or third) medical opinion, in the event that my client exhibits symptoms being over-medicated or under-medicated;

j. potential direction that no heroic, extraordinary, or invasive measures shall be taken to stabilize one’s condition, nor resuscitate them in a medical emergency; and

k. potential directions on cremation, burial, or Eco-Burial methods.

A Enduring Power of Attorney prepared by my office will typically outline guidance and / or mandatory rules for my client’s nominated loved ones, who are given the title of “Attorney”, by the Powers of Attorney Act of Alberta, on the following areas of financial and tax choices:

a. the defining moment as to when the Enduring Power of Attorney will take effect, being either immediately upon the signing of the Power of Attorney by my client, OR in the future after examination by a Family Physician that my client has some degree of a relationship with, or two Medical Doctors that my client has no prior relationship with, in the event of a serious automobile accident that takes place while travelling out of town, for example;

b. a direction to subscribe to homecare services to allow my client to continue to live in their own home, after they have suffered a disabling medical setback;

c. active consultation with my client in the choice of any future residential care accommodations, in the event that my client can no longer live independently in their own home;

d. a potential direction to canvass whether my client is eligible to receive a subsidy to pay some or all of the costs associated with hiring live-in caregiver(s) through Alberta Health Services’ Self Managed Care Program, for those who are intent on not moving into an extended care centre, despite labouring with significantly poor health;

e. a direction to actively monitor my client’s investments to ensure they are they earning a competitive rate of interest or return on investment accounts;

f. potential directions that one’s Attorney shall not invest my client’s resources in any speculative investment vehicle with an associated risk of loss on the original principal investment, such as Bitcoin, “hot stock market picks” and / or small business enterprises; and

g. potential directions for reimbursement of an Attorney’s out-of-pocket expenses that they incur on behalf of my client and / or compensation for the time that they spend actively assisting my client.

If an individual doesn’t have their Personal Directive and Enduring Power of Attorney in place, and in the passage of time they go on to suffer a head injury in a work accident, or that person suffers a stroke earlier in life than anybody would have ordinarily predicted, the only remedy is a loved one of that disabled individual to apply in Court for the granting of a Guardianship Order and Trusteeship Order for their disabled loved one. A law office’s fees for advancing these applications in Court will typically range from $3,000.00 to $6,000.00, however, that is not the end of the matter. There will be ongoing mandatory reporting to the Court with the help of a lawyer, with an associated hourly rate of between $350.00 to $500.00 Per Hour, and ongoing audits by an accountant of the transactions that were done on behalf of the disabled individual, at approximately $180.00 to $220.00 Per Hour. My new clients will avoid these awful expenses by having my office assist them in the preparation of their Personal Directive and Enduring Power of Attorney.

The harsh reality of life is that none of us are immune from car crashes, workplace accidents, cardiovascular attacks, and the like. Both of my parents passed away over the last number of years, and the fact that they had a lawyer friend of mine prepare their Last Wills and Testaments, Personal Directives and Enduring Powers of Attorney, when they were both in good health, saved me a World of Trouble, Expense, Uncertainty and Frustration.

With Mark Idler Law, the preparation and execution of a Last Will and Testament, including the mandatory Government of Alberta GA8 Affidavit of Execution to a Will; Enduring Power of Attorney, and Personal Directive (All 4 documents) starts at $420.00 plus GST for an individual and starts at $780.00 plus GST for a couple.

The quotes above typically govern unless:

a. an individual has disabled or addicted loved ones and my client sees the benefits of setting up a long-term family trust for them to metre out their share of the family wealth gradually (as long as 21 years after the testator’s passing);

b. others have a long list of all the small items of personal property, such as art, furniture, jewelry, automobiles and Royal Dalton figurines that they did they wish to go to all the members of their extended family. If it’s an inordinately long list, we sometimes will charge a bit more for that;

c. some clients wish to provide for their surviving loved one to enjoy a life estate in their residential home, for the duration of that beneficiary’s life, provided that their surviving loved one pays some or all of the expenses associated with their occupation of the home, OR some individuals will give their surviving loved one a lease estate in their family home, with a defined end date after their passing, at which time the title to the home in question will revert to and form part of the residue of the testator’s estate;

d. some individuals enjoy a blended family dynamic, and they want markedly different terms for each of the parties’ Last Wills and Testaments, and depending on the level of differentiation, that can incur some modest extra cost;

e. my client needs me to attend at their home, hospital or extended care residence to both receive their instructions on the preparation of these documents; attend with an independent witness for the execution of my client’s documents; swear the Affidavits of Execution to these documents with one of my office’s Commissioner for Oaths; and thereafter deliver the fully executed documents back to my client.

I actively seek out quotes from other law offices for the preparation of these documents, to ensure that I always have the most competitive quotes to offer my new clients, and I am routinely quoted Double or even Triple than what my law office charges for these services.

If you have property, a spouse or partner, and / or children of any age, it is High Time to get your Last Will and Testament, Personal Directive and Enduring Power of Attorney professionally prepared and executed with my office.

With more than 21 years of experience in drafting Wills, Powers of Attorney and Personal Directives, my new clients can rest assured that I will do an Excellent Job for them through my attentive and precisely detailed drafting of these Vitally Important documents. Please consider reaching out to my office today, for us to work together to ensure that your family enjoys as much security and peace of mind into the future, as you are able to provide them.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.

Wills/Power of Attorney/Personal Directives

With Mark Idler Law, the preparation and execution of a Separation Agreement detailing terms for Property Division, Support, and/or Parenting, OR a Divorce Settlement Agreement starts at $1,700.00 plus GST.

A Separation Agreement is a contract between individuals who have separated as a couple, due to unhappy differences. Separation Agreements prepared by my office will typically detail terms for how a separated couple will:

a. equitably divide their family property and debt accounts;

b. each enjoys parenting time and decision-making authority for dependent children;

c. pay child support based on the parties' respective parenting time schedules and incomes in accordance with the governing legislation; and

d. either comprehensively waive all spousal/partner support claims, OR outline terms for a lower income party to receive fixed-term spousal/partner support from their higher-income spouse or partner; OR have provisions for lump sum spousal/partner support to be paid by one party to the other.

Since 2004, my office has also assisted many couples who required something a bit more complex and unusual to make their post-separation lives work, such as trading pension equity or home equity for lump-sum child support; the payment by one party of tax-free lump-sum spousal/partner support to the other, rather than taxable monthly spousal/partner support; or the right for one party to live in the family home, coupled with a structured buyout of the other party's equity in the family home, for individuals who were not able to refinance the former family home mortgage through their bank or mortgage company.

In Alberta, Separation Agreements must be executed with each party having received independent legal advice on the terms detailed in the Agreement to be legally binding and enforceable in a Court of Law and/or for the parties to avail themselves of the services of the Alberta Maintenance Enforcement Program.

I am very pleased to report to my prospective new clients that every fully executed Separation Agreement that my office prepared for a past client was accepted in its entirety by the Court of King's Bench of Alberta in these clients' subsequent divorce proceedings with my office. Furthermore, to the best of my knowledge, no fully executed Separation Agreement prepared by my office has ever been successfully challenged or had terms of the Agreement struck by a Judge after a contested hearing in Court between my past client and their estranged spouse or partner.

A large part of what any client is seeking in the preparation and execution of a Separation Agreement with my office is certainty as to their rights and obligations under the Agreement after it has been formally executed by each party, without having to worry that "The Fight" might easily start up again. I will do the same for my new clients and guide you through this process to get you back to a place of enjoying peace of mind through precise, carefully crafted contractual terms that can be enforced in Court if required.

With my office, the preparation and execution of Separation Agreements and Divorce Settlement Agreements starts at $1,700.00 plus GST.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.

Separation Agreements

With Mark Idler Law, the preparation and execution of a Prenuptial Agreement, Cohabitation Agreement, or Cohabitation & Prenuptial Agreement starts at $1,600.00 plus GST.

For the visitors to my website who are engaged to be married; who are contemplating moving into the same residence with their significant other; OR who have already commenced a cohabitation relationship with their significant other, it is important to know that more than FORTY PERCENT (40%) of committed relationships in Alberta end in separation or divorce.

Given this sobering statistic, it is crucial to protect your current assets, future-acquired financial equity in your home, investment accounts, employment pension plan, and Canada Pension Plan credits that are held in your sole name and have binding contractual terms in a Cohabitation Agreement/Pre-Nuptial Agreement that will either WAIVE spousal support/partner support after a separation OR provide for a fair fixed-term of spousal support/partner support after separation, depending on your circumstances.

By the same token, a well-drafted Cohabitation Agreement/Pre-Nuptial Agreement will not restrict a couple to always acquiring new assets or debt obligations in each party's sole name. Accordingly, I will typically include proactive terms in these Agreements for the division of Future-Acquired assets and debt accounts held in the parties’ joint names after a separation.

Litigation is horribly expensive, and separation as a couple can be incredibly stressful, so I also typically include other Forward-Looking rules in my clients' Cohabitation Agreements/Pre-Nuptial Agreements to ensure a respectful separation, specifically:

a. a fixed timeline for the parties to establish separate residences;

b. a window of opportunity for one party to make a viable offer to buy out the other's equity in their jointly owned assets; and

c. contractual timelines for appraisal of jointly owned assets, coupled with an automatic listing for sale of jointly owned assets to third party purchasers, if a couple cannot agree on one party buying of the other's interest in a jointly owned asset.

Our Alberta Court of Appeal has definitively ruled that Cohabitation Agreements/Pre-Nuptial Agreements are binding and enforceable, provided that:

a. each party accurately discloses their income, assets and debt obligations in their Agreement and to legal counsel;

b. the terms detailed in a formal Cohabitation/Pre-Nuptial Agreement reflect the parties' mutual intentions;

c. each party received independent legal advice on the terms of their Cohabitation/Pre-Nuptial Agreement, meaning a lawyer of an independent office for each party; and

d. a formal Cohabitation/Pre-Nuptial Agreement was not executed under “behind the scenes” interpersonal circumstances of abuse, undue pressure, or coercion.

In the more than 20 years that I have been in the practice of law, my office has drafted and executed hundreds of Cohabitation Agreements/Pre-Nuptial Agreements for past clients. To the best of my knowledge, NONE of my said past clients have ever had provisions in their formal Agreement struck down by a Justice of the Court of King's Bench of Alberta in a contested hearing after a separation from their spouse or partner.

Like I have done for my past clients, you can rest assured that I will help you to navigate the nuanced considerations in law for the preparation of a binding and legally enforceable Cohabitation Agreement/Pre-Nuptial Agreement that will fully protect your financial position in the event of separation in the future from your spouse or partner, and successfully pass any potential review of your fully executed Agreement in the Court of King's Bench of Alberta.

With my office, the preparation and execution of Cohabitation Agreements and Pre-Nuptial Agreements starts at $1,600.00 plus GST.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.

Prenuptial Agreements & Cohabitation Agreements

With Mark Idler Law, provision of Independent Legal Advice on the terms and signing of Family Law Agreements starts at $320.00 plus GST. Consultations on your separation or divorce circumstances, with a focus on crafting viable settlement proposal options to discuss with your estranged spouse or partner starts at $300.00 plus GST.

No shortage of prospective new clients have asked me, “Why is Independent Legal Advice necessary?”.

There are several reasons why seeking Independent Legal Advice (ILA) is essential in the execution of Family Law Agreements:

a. Courts in Alberta are SIGNIFICANTLY MORE inclined to uphold Family Law Agreements that have been executed with independent legal counsel, meaning lawyers of independent offices;

b. Protection of Rights: When entering into a Family Law Agreement, there is a significant risk of one party having more knowledge or bargaining power than the other. ILA ensures that the less informed party receives proper legal counsel, so they are not disadvantaged. This is particularly relevant in family law matters where emotions can cloud judgment, and it’s easy to make concessions that may not be your best interests;

c. Prevention of Unenforceable Agreements: Without independent legal advice, Family Law Agreements may be challenged in Court and potentially invalidated. Courts in Alberta require Family Law Agreements to be entered into voluntarily and with full understanding of the consequences, so receiving ILA is a crucial step in ensuring the enforceability of an Agreement;

d. Understanding Legal Implications: Family Law Agreements are often highly detailed, complex and filled with legal jargon that can be confusing. An ILA lawyer explains the Agreement’s terms in plain language, helping clients understand their rights, obligations, and the potential long-term consequences of the proposed Agreement; and

e. Fair Negotiation Process: By receiving ILA, both parties are more likely to feel confident that they have negotiated a fair deal. This can prevent future disputes and reduce the likelihood of hugely costly and time-consuming litigation. In family law, this is especially important as Family Law Agreements often relate to long-term issues like child support, custody, spousal / partner support and property division, all of which require fair and balanced negotiation.

Since 2004, my office has been retained by countless clients for review and Independent Legal Advice on the terms and execution of:

a. Separation Agreements dealing with division of family property and debt accounts, spousal / partner support; parenting time, and/or child support;

b. Divorce Settlement Agreements dealing with division of family property and debt accounts, spousal / partner support; parenting time, and/or child support;

c. Cohabitation / Prenuptial / Postnuptial Agreements;

d. Parenting Time and Child Support Agreements; and

e. all other types of Family Law Agreements, where the parties seek certainty as to their respective rights and obligations under such Agreements, coupled with knowing that those rights and obligations are fully enforceable in Court, if either party were to breach the terms of their Agreement in the future.

Our Alberta Court of Appeal has definitively ruled that Family Law Agreements are binding and enforceable, provided that:

a. each party accurately discloses their income, assets and debt obligations in their Agreement and to legal counsel, with respect to the terms in an Agreement that detail contractual terms for a division of family property and debt accounts and/or where child/spousal/partner support payments are being tendered by one party to the other;

b. the terms detailed in a Family Law Agreement are fair and equitable to both parties; are in accordance with both the applicable governing legislation and the Court cases that have considered those pieces of legislation; and reflect the parties' mutual intentions;

c. each party received independent legal advice on the terms of their Family Law Agreement; and

d. a Family Law Agreement was not executed under “behind the scenes” interpersonal circumstances of an imbalance of power, abuse, undue pressure, or coercion.

It is essential to have a clear understanding of your rights and obligations before entering into any binding Family Law Agreement. One of the most critical steps in this process is obtaining Independent Legal Advice (ILA) on the terms and execution of a Family Law Agreement. I, Mark Idler, GUARANTEE that any new client that retains my office for review and execution of a Family Law Agreement will involve:

a. ensuring that my client has received all relevant financial disclosure documentation from their spouse or partner with respect to the terms in their Agreement that deal with financial matters;

b. a thorough discussion of the underlying Legislation and Court cases that are relevant to the contractual terms in their Family Law Agreement, including but not limited to the range of potential outcomes in contested Court proceedings if my client were to decline to execute a proposed draft Family Law Agreement, after they have received independent legal advice at our appointment;

c. how any specific term of their Family Agreement may represent less than what they could fairly bargain for through further respectful negotiation with their spouse or partner and / or presentation of counter-offer terms to the lawyer who drafted the Agreement in the first instance; and

d. ensuring that my client both understands the legal implications of their Agreement and that my client is not being coerced or unduly influenced by their significant other.

Independent legal advice is not a “Hoop Jumping / Rubber-Stamping exercise”. Rather, it provides an opportunity for my client to have their proposed Agreement thoroughly reviewed by myself, who is a lawyer who represents Only Your Interests.

Challenging any Family Law Agreement where both parties have received independent legal advice is complex, highly fact dependent, Very Expensive, and more often than not, Unsuccessful. In most cases, Agreements also contain a “solicitor-client cost clause” requiring a party who fails to comply with a Agreement to pay the other’s legal fees for the costs of enforcing the Agreement. If there are any issues with a proposed Family Law Agreement, these are best addressed before signing it.

The majority of family lawyers in the greater Edmonton area charge between $800.00 to $1,100.00 plus GST for Independent Legal Advice on the review and execution of Family Law Agreements.

With Mark Idler Law, Independent Legal Advice on the review and execution of Family Law Agreements starts at $320.00 plus GST. With more than 21 years of family law experience, my new clients can rest assured that you will be in Good Hands with my office.

FOR NEW CLIENTS: I personally prefer talking with new clients on a telephone call rather than trading a number of emails about preliminary issues. My experience is that considerably more important information about your matter can be exchanged between us if we are able to have instantaneous communication on the telephone. However, please don't hesitate to send me an email if you prefer, but do please include your best telephone number(s) in your email, for the quickest possible response from me.

Independent Legal Advice

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