Uncontested Divorce in Alberta: Is It Right for You?
If you and your spouse have decided to end your marriage and...
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, our divorce attorney can help you to get through with dignity and planning.
When someone feels unsafe because of threats, harassment, or violence within a family relationship, the law allows a court to step in quickly.
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”.
A cohabitation agreement is a legal document that provides protection and clarity for couples who choose to live together without being married.
Unjust enrichment occurs when one party unfairly benefits at the expense of another without a legal justification. The law of unjust enrichment prevents one party from unjustly profiting at the expense of another.
Adoption is the legal process by which an individual or couple becomes the legal parents of a child, permanently transferring parental rights from the child’s biological or legal parents to the adoptive parents.
A constructive trust is a legal remedy imposed by the court when a person has wrongfully acquired property in an unjust manner. It is often applied in cases involving:
A prenuptial agreement (prenup) is a legal contract entered into by a couple before marriage or a civil partnership. It outlines the division of assets, debts, and financial matters in case of divorce, separation, or death.
Matrimonial property comprises of all property acquired by either spouse, or both, between the date of marriage and the date of separation.
If you and your spouse have decided to end your marriage and...
Going through a divorce or separation is one of the most difficult...
When someone feels unsafe because of threats, harassment, or violence within a...
Please reach us at info@lawsnbeyond.com if you cannot find an answer to your question.
Please see our blog: How to get divorced in Calgary?
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
Laws & Beyond provides a comprehensive range of services, including contested and uncontested divorces, separation agreements, child custody and access, child and spousal support, division of matrimonial property, prenuptial and postnuptial agreements, and emergency protection orders (EPOs).
An uncontested divorce occurs when both parties agree on all terms, such as property division and child custody. A contested divorce happens when spouses cannot agree on one or more issues, requiring legal intervention or a judge’s decision to resolve the disputes.
In Alberta, the primary consideration for child custody is the “best interests of the child.” The court looks at the child’s physical and emotional needs, the stability of each home, and the existing relationship between the child and each parent to determine parenting schedules and decision-making responsibilities.
Child support is generally determined using the Federal Child Support Guidelines. The amount is based on the paying parent’s annual income and the number of children. Additional “Section 7” expenses (like healthcare, education, or extracurricular activities) are usually shared proportionately between the parents.
The most common ground for divorce is a marriage breakdown, which is usually proven by the couple living separate and apart for at least one year. Other grounds include adultery or cruelty (physical or mental), though these are less common and require specific evidence.
Under the Alberta Family Property Act, assets and debts acquired during the marriage are generally divided equally. However, certain “exempt” assets, such as gifts from third parties, inheritances, or property owned before the marriage, may be excluded, though any increase in the value of those assets during the marriage may still be subject to division.
A separation agreement is a legally binding contract that outlines how a couple will handle issues like property, support, and parenting after they split. It provides clarity and protection for both parties and can often avoid the need for expensive court litigation.
Spousal support is not automatic. The court considers several factors, including the length of the marriage, the roles each spouse played (e.g., if one stayed home to raise children), and the financial disparity between the two parties. The goal is to address any economic advantages or disadvantages arising from the marriage or its breakdown.
Yes. These legal documents, often called Cohabitation Agreements for common-law partners or Marriage Contracts, allow couples to decide how assets and debts will be handled in the event of a separation. To ensure these agreements are legally binding in Alberta, the law requires that both parties receive independent legal advice (ILA) from separate lawyers. Our team provides the thorough review and certificates of advice needed to protect your interests.
Yes. Laws & Beyond emphasizes resolving matters through negotiation and mediation whenever possible. Alternative Dispute Resolution (ADR) is often faster, more cost-effective, and less stressful than going to trial.
To make the most of your consultation, you should bring any relevant documents, such as previous court orders, existing agreements, a list of assets and debts, and recent tax returns. It is also helpful to have a clear list of your main concerns and goals for the legal process.
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