Family Law

When it comes to parenting and child custody arrangements, Alberta courts are concerned first and foremost with what is in the best interests of the child; and if at all possible, this usually means promoting a healthy relationship between the child and both parents even in circumstances where those parents don’t get along.

Ideally, our goal is to assist our clients in cultivating a constructive and respectful co-parenting relationship with their former partner using several proven and effective strategies, however, this is sometimes impossible, and in such cases, we will ensure that your rights, and those of your child, are protected.

In both amicable and contentious co-parenting arrangements there are many issues that need to be carefully worked through and resolved. These can include:

• Determining which parent the children should have their primary residence with, or if there should be a shared parenting arrangement;
• Negotiating a parenting schedule that ensures generous access and involvement in each child’s life for both parents regardless of who the children reside with primarily;
• Deciding who should be responsible for certain decision involving the children, and which decisions should be made jointly;
• Coordinating travel and vacation arrangements involving the children;
• Assessing the appropriateness of moving the children to a different community or school;
• Cultivating and coordinating positive communication, coordination and dispute resolution between co-parents;
• Assessing the child support obligations of the parties;

In some cases, issues of domestic violence and abuse become factors in determining the appropriate child custody and parenting arrangement between parties. In these cases, our primary concern is that of ensuring a parenting arrangement that secures the safety of the child and all parties involved.

To book an initial consultation to discuss the above matters, please call our office at 403-948-0009.

When couples marry or become Adult Interdependent Partners (often referred to as ‘common law couples’), one of the parties will often begin making numerous financial and career sacrifices for the greater good of the family and/or partnership. Often, it involves one party contributing primarily to the care of the children and/or upkeep of the couple’s home, thereby allowing the other party time up to focus more on his or her career and maximizing income for the family. It also can occur when one spouse contributes to a family business that is primary controlled and operated by the other. Furthermore, the longer a marriage or common law relationship lasts, it is common to see one party becoming partially or wholly dependent on the other for their financial well being.

When these and similar circumstances exist and a marriage or common law relationship breaks down, Alberta courts will order that one party is to pay the other spousal or partner support in an amount and for a duration that often falls within the Federal Spousal Support Advisory Guidelines – http://www.justice.gc.ca/eng/rp-pr/fl-lf/spousal-epoux/spag/pdf/SSAG_eng.pdf 

The award of spousal support by the court is meant to accomplish several objectives, including:

• Compensate for the financial disadvantage faced by the spouse that occurs because of the breakdown of the marriage or partnership.
• Compensate the disadvantaged spouse for his or her contribution to the care of the couple’s children, household and/or career.
• Assist each spouse to become financially independent within a reasonable amount of time.

Factors that the court looks at when making an award of spousal support can include:

• The duration of the relationship
• The incomes and assets of the parties
• The ability of each party to support themselves financially
• The responsibilities of each spouse during the relationship
• Sacrifices made by one spouse for the benefit of the other spouse and family
• Whether one of the partners has a legal obligation to support another ex-spouse or child from a previous relationship
• When one of the parties has gone on to live with someone else, how this other person contributes to their regular household expenses
• Previous agreements between the parties

Our lawyers are here to assist our clients with first understanding their legal position as it relates to spousal support, and secondly, to assist them with negotiating (or litigating if necessary) a spousal support arrangement that is respectful of their legal rights and protects their financial future.

To book an initial consultation to discuss the above matters, please call our office at 403-948-0009.

An ounce of prevention is worth a pound of cure.

A growing number of couples – especially those in which one or both individuals have established careers, have accumulated some wealth or have already experienced separation and/or divorce previously – are protecting their financial futures by entering into cohabitation, prenuptial or postnuptial agreements.

A Prenuptial Agreement is a contract between two individuals entered into prior to their marriage that governs that couple’s financial relationship with one another primarily as it pertains to property and spousal support both during the marriage and, should there be a breakdown in the relationship, after separation and divorce. A Postnuptial Agreement is similar except that it is entered into after a couple is already married.

Similarly, Cohabitation Agreements are also contracts between two individuals entered into prior to or after moving in with one another that govern those same financial affairs. Common law couples (legally called Adult Interdependent Partners), though treated somewhat differently than married couples under applicable family law legislation and common law, still have statutory and common law rights and obligations to one another as it pertains to partner support and the division of property if the relationship breaks down.

Generally speaking, the above agreements deal with some or all of the following depending on the unique circumstances of each relationship:

• Amount of spousal support to be paid if the parties separate (if any)
• Division of jointly purchased or owned property and the exemption of each individual’s property acquired solely both previous to or even during the relationship
• Responsibility for the various debts of the parties – jointly or solely held
• Financial responsibilities of the parties during the relationship
• How the parties’ residence (leased or owned) will be dealt with in the event of separation and during the relationship
• Support issues related to children from previous relationships
• Child Support, Custody and Access issues related to current or future children of the relationship

Although sometimes viewed as “unromantic”, these sorts of agreements can greatly benefit a fledgling relationship ensuring that both partners are on the same page and fully understand their financial position, rights and obligations going into a hoped for long term relationship, rather than learning hard lessons after the fact. Usually, these sorts of agreements result in fewer arguments regarding finances – a leading cause of relationship breakdown – which somewhat ironically makes it much less likely that these agreements will ever be used for many of the eventualities they address — and that is good thing. However, in the event the relationship does break down and one of these agreements is in place, the savings to both parties on legal fees alone will be exponential when compared with the litigious alternatives.

As with Separation Agreements, Prenuptial, Postnuptial and Cohabitation Agreements should always be drafted and reviewed by lawyers. In fact, unless reviewed by a lawyer with each party separate from the other, these sorts of agreements are entirely unenforceable in Alberta. Whether drafted by an individual claiming to be an experienced paralegal or whether made available for sale online, the language used in these template agreements is not only likely to be unenforceable or ineffective for the intended purposes, but is also only fractionally less costly than having a lawyer do the job properly anyway.

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

In most cases, the parent with whom the child primarily resides receives child support payments from the other parent based on the Federal Child Support Guidelines and the paying parent’s gross income – see the Federal Government’s child support calculator found at http://www.justice.gc.ca/eng/fl-df/child-enfant/look-rech.asp

Complications can arise, however, when one or more of the following situations exists:

• One or both of the parents refuse to provide full financial disclosure
• The paying parent refuses to make his child support payments
• The paying parent provides support indirectly through the payment of household bills and other expenses rather than through the transfer of funds
• There is a 50-50 shared parenting arrangement where the children live equally with both parents
• The paying parent’s income is primarily derived from a business with claimed business deductions
• The incurrence of expenses related to the child’s extracurricular activities, non-insured health and dental expenses and other special expenses
• Children attending post secondary institutions or that continue to be dependent upon one of the parents after turning 18 years of age
• Loss of employment by the paying parent
• Missed or unclaimed child support payment (arrears)

Whether parents are working constructively together to determine the appropriate child support obligations, or conversely, in circumstances where one of the parties refuses to cooperate fully and transparently, our firm specializes in ensuring you understand your rights and obligations related to child support, and will work with you to determine the best strategy to ensure those rights, and most importantly the rights of your child, are fully enforced and respected.

To book an initial consultation to discuss the above matters, please call our office at 403-948-0009.

While Cooperative Separation Agreements & Divorce is usually the most cost-efficient, timely and least combative way to manage a separation and/or divorce, this is not always possible. For various reasons, one or both of the involved parties are unable to work together constructively through the many challenging issues surrounding this difficult period in their lives, thereby necessitating the Court’s assistance.

Though committed to resolving matters amicably at any stage of the separation and divorce process should both parties become willing to do so, our firm’s legal team is also able to provide our family clients with strong and vigorous courtroom representation in all contested family law matters including applications and trials involving:

• Child Support
• Spousal and Partner Support
• Parenting and Custody
• Division of Property (for Married and Common Law couples)

In most situations, even the most contentious family disputes can be managed and resolved without resorting to a full and expensive multi-day trial. Our firm takes great pride in working constructively with opposing counsel (should they be willing) to manage family litigation in a way that results in the parties obtaining a clear and enforceable court ordered resolution to their disputes in the most practical and cost-efficient manner possible.

In the rare circumstances that a full family trial is necessary to resolve a dispute, our trial advocacy skills will ensure your legal rights and claims are effectively communicated and advanced.

To book an initial consultation to discuss the above matters, please call our office at 403-948-0009.

Whether married or common law, the end of a long term committed relationship is an emotional and difficult experience; however, that does not mean it needs to be a combative one, nor must it involve extraordinary legal cost.

More and more, couples are working cooperatively through the separation and/or divorce process in order to ensure each of them are able to successfully move forward with their new lives. Where children are involved, such collaboration can form the foundation of a successful co-parenting relationship for years to come thereby benefiting the emotional and financial well being of the children.

Cooperative Separation & Divorce can involve one or more of the following processes:

• Negotiation
• Mediation
• Arbitration
• Collaborative Family Law
• Judicial Dispute Resolution
• Independent Parenting Coordination

Our experienced legal team will assist you in understanding and navigating the above options and provide advice as to which process best fits your unique circumstances. We will also help you to prepare for these processes by assisting you to  fully understand your legal rights pertaining to child support, spousal and partner support, parenting and child custody, the division of property (for both married and common law couples), and other family related matters, and will attend proceedings with you as requested.

If successful and acceptable terms of separation are agreed to, our firm is equipped to provide all the legal services necessary to implementing that agreement successfully including:

• Preparation of a binding Separation Agreement and, if required by the parties, the filing of a Consent Divorce Package or other required Consent Court Orders
• Transfer or Sale of the Matrimonial Home and other Real Property including, the Release of Dower Rights if required
• Transfer of Business Shares and Assets between the parties if required
• Preparation of Updated Wills

It should also be noted here that Separation Agreements should always be drafted and reviewed by lawyers. In fact, unless reviewed by a lawyer with each party separate from the other, Separation Agreements are entirely unenforceable in Alberta. Whether drafted by an individual claiming to be an experienced paralegal or whether made available for sale online, the language used in these template agreements is not only likely to be unenforceable or ineffective for the intended purposes, but is also only fractionally less costly than having a lawyer do the job properly anyway.

To book an initial consultation to discuss any of the above matters, please call our office at 403-948-0009.

When a marriage or common law relationship breaks down, there are usually assets and debts that require division between the parties. For married couples, the division of assets is automatically triggered by the provisions of Alberta’s Matrimonial Property Act. For common law couples, this type of division is not automatic, but is made possible by several common law equitable principles – most commonly a claim for unjust enrichment.

Regardless of whether separating couples are married or not, there are often a great many complicated issues that arise with respect to the division of their assets and liabilities, oftentimes regardless of whether those assets and liabilities are jointly or solely owned. For example:

• Some assets may be exempt (i.e. inheritances, pre-marriage assets and gifts) though this too can become a grey area where these exempt assets have been co-mingled with matrimonial assets.
• Common law spouses may, in certain circumstances, have property acquired after the commencement of their cohabitation divided equally, while in in other cases, such property will be divided proportionally to the parties’ financial and other contributions. Assessing this proportionality can become quite difficult.
• One married party’s dower rights may entitle him or her to a life estate in the matrimonial home despite that party is not being registered on title.
• The needs of children and the individual parties can also play a role in deciding which party should be entitled to exclusive possession of the matrimonial home independent of which party has his or her name on title.
• Matrimonial property may be divided unequally in certain circumstances, such as when one party has wasted matrimonial assets on inappropriate expenditures.
• The division of business assets and shares of a privately owned company can become very complicated depending on various factors such as the type of business, third party interests and valuation.
• Valuation of assets and liabilities often involves assessing the opinion of at least two competing experts, and further, may involve disagreement over the date on which different assets and liabilities should be valued for the purposes of division.

As with most family law issues, it is almost always the best option to negotiate a reasonable settlement arrangement between the parties using one of the many available alternative dispute resolution methods (i.e. mediation, judicial dispute resolution, collaborative law, etc) and then incorporating that arrangement into an enforceable settlement agreement drafted and signed off on by the parties’ respective legal counsel. In some cases, however, it is necessary to move forward with a trial to determine the division of family-related assets and liabilities; in such circumstances, our firm is well equipped to ensure your rights in this regard are properly enforced and protected.

To book an initial consultation to discuss the above matters, please call our office at 403-948-0009.