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A Separation Agreement is a contract that parties enter into at end of their relationship. It must be in writing and signed by both parties and is witnessed.
Divorce will influence your future life and the lives of your children. However, you can get through it with dignity and planning.
Matrimonial property comprises of all property acquired by either spouse, or both, between the date of marriage and the date of separation.
Spousal support or alimony is monetary support paid from one spouse to another, either during or after divorce proceedings.
When parents separate or divorce, child support is money that one parent pays to the other parent to cover the costs of raising a child.
In Alberta, child custody is now divided into (1) Allocation of Major Decision-Making Responsibilities and (2) Parenting Time.
Marital agreements include prenuptial agreements, postnuptial agreements and what most people might refer to as separation agreements.
If you experience family violence, you may be able to get a protection order against the abuser. Family violence can take many forms.
The term "Dissipation of Property" refers to the act of squandering or dissipating property with an element of bad faith or carelessness.
When one parent seeks a significant relocation with a child, and in so doing is required to put the matter before the Court, it results in “mobility application”.
Family law and matrimonial law cases are frequently contentious. Having a knowledgeable and competent legal ally on your side can make the process go much more smoothly. Our highly recommended Family Lawyers in Calgary offer unrivalled advocacy, guidance, and support to help you get through this tough time, and will work directly with you to achieve all of your objectives.
Our Family lawyers are well versed in all aspects of Family Law!
All family property (or formerly known as matrimonial property) by default is divided equally between spouses, unless one party can show legally that he or she is entitled to unequal property division due to legal exemptions.
Separate property or exempt property, usually refers to property that was acquired before marriage or the property a spouse received as a gift or inheritance during the marriage. However, note that the increase in value during marriage may be subject to property division.
If the grounds for divorce are properly pleaded, the court in Alberta will most likely grant a divorce even if only one spouse wants it. However, there may be certain rare circumstances where the court might be reluctant to grant a divorce, such as when a parent owes extensive child support arrears or spousal support arrears.
For basic child support, also known as section 3 child support, you can calculate child support based on your spouse net income. To calculate basic child support see: Section 3 child support calculation. For special or extraordinary child support expenses, also known as section 7 child support, please contact our office, Laws & Beyond, directly.
However, numerous factors can affect your child support obligation. Your unique circumstances may entitle you to higher child support payment or may entitle you to reduce your child support payments. We recommend you contact our office to your child support obligations.
The parties can decide if they wish to be paid directly or through MEP. If you wish to receive payment through MEP, then an MEP enforcement clause can be added to the child support order.
Once the courts enter an order for child support, then the parent that receives child support must contact MEP. For more details see: https://www.alberta.ca/mep-contact.aspx
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