Family Lawyers
Our family law team is dedicated to providing compassionate and understanding services to our clients who are going through a divorce or separation.
We understand that the process of divorce or separation, and its accompanying issues of parenting, support, and the division of family property, can be overwhelming for everyone involved, especially children. We recognize that each and every family is affected by a diverse set of circumstances, and we are prepared to provide guidance that is tailored to your unique needs and goals. We will help you navigate you through the separation process by ensuring you understand all your legal options and providing a high standard of legal advice so that you can make sound and constructive decisions for yourself.
We can assist our clients with:
- Adoptions;
- Parenting time;
- Child support;
- Cohabitation agreements;
- Divorce;
- Grandparents’ rights;
- Guardianship;
- Mobility;
- Parenting decisions;
- Prenuptial agreements;
- Property division;
- Postnuptial agreements;
- Separation agreements;
- Spousal or partner support;
- Travelling with children.
As legal professionals, we have witnessed and understand the ramifications and expenses associated with litigation. We will guide you through the court process when it is necessary and aim for the most favourable outcome for your specific situation. We also understand that litigation is not always the best approach – we take pride in listening to our clients and matching them with a level of legal service that aligns with their specific needs. Our range of legal options include negotiation, mediation, collaboration, litigation, and arbitration – our ultimate objective is to help our clients achieve an outcome that best satisfies their needs and allows our clients to move forward with their lives.
The collaborative family law process differs from the traditional divorce or separation proceedings significantly. Collaborative law is a commitment made by you and your ex-partner to resolve your family matters out of court. Through this integrated and cross-disciplinary approach, we work with experts and industry professionals to assist you and your family in creative problem solving so that your family can come to a resolution that aligns with your unique circumstances. Some of the collaborative professionals we work with include the following:
- Child specialists;
- Divorce coaches;
- Financial experts;
- Mental health professionals; and
- Psychologists.
When you agree to participate in the collaborative family law process, you also agree to open and honest communication, including full financial transparency. This will ensure that you and your ex-partner can work as a team so fair, reasonable, and successful negotiations can take place.
Often the most contentious issues when couples with children separate is deciding where the children will live, how much time the children will spend with each parent, and how decisions will be made in relation to the children’s well-being. Coming up with a parenting arrangement requires extra care to minimize stress and trauma for all individuals involved. Our lawyers take special measures in these difficult issues and advocate for the protection of children where it is warranted.
All parents in Alberta have the legal obligation to financially support their child(ren). This support is the right of the child(ren)’s – it cannot be easily waived or refused by either parent, even when a parent does not spend any time with the child(ren). There are two types of child support payable: 1) Base Child Support and 2) Extraordinary Child Support.
We would be pleased to assist you in determining the appropriate amounts you are either entitled to receive or should be paying, depending on your personal circumstances.
Spousal/partner support is support that is paid by the higher income earning partner to the lower income earning partner after separation or divorce.
Unlike child support, spousal/partner support is not automatic. You will need to first prove you are entitled. Once you prove you are entitled, the court will undergo an assessment of all the circumstances of your relationship to determine the amount of spousal support that should be paid, and the duration that this support should be paid.
In order for our office to assist our clients with the division of family property upon the breakdown of their marriage or relationship, we must first ascertain the net value of all family property – each partner is obligated to fully disclose all of the assets and debts they own, whether jointly or solely. Some common examples of family property include:
- Real property;
- Mortgages;
- Vehicles;
- Car loans;
- Bank accounts;
- Credit card debt;
- Registered and non-registered investments;
- Student loans;
- Businesses or corporations;
- Pensions;
- Personal property like jewelry or antiques; and
- Pets.
There is a presumption of equal division of all property acquired by the partners during their cohabitation and marriage, but the Family Property Act provides for some exceptions as follows:
- Gifts from third parties;
- Inheritances;
- Property owned before cohabitation or marriage;
- Awards or settlements for damages in tort in favour of a spouse (subject to some limitations); and
- Proceeds of an insurance policy that is not insurance in respect of property, unless the proceeds are compensation for a loss to both spouses.
In order for these assets to be accounted for and exempted from division, they must be traceable to an asset that the parties currently own. The consumption of family property, such as paying off one person’s debt or paying for a family vacation, does not later give rise to a notional debt payable to either party.
Further to the above exceptions, the Family Property Act allows the Court to divide property unequally if the court does not find that an equal division is just and equitable.
