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Category: AB

Category: AB

How to Prove Common Law Relationships in Alberta

Proving Common Law Family Relationships in Alberta People in “common law” relationships in Alberta enjoy similar rights to married couples but, in the absence of a formal agreement, they must sometimes prove that they are common law partners. This is often easier said than done, as there are certain requirements for a relationship to be classified as such. This article outlines what common law relationships are in Alberta, what your associated rights are and how you can prove common-law status. Learn More → Reasons Why You Should Hire a Family Lawyer Book a Consultation What is a [...]

By |28/11/2022|

Alberta Court of Appeal Sets New Test for Imputing Income for Support Purposes

New Test to Impute Income for Child Support Purposes in Alberta The calculation of how much a parent is required to pay in child support is based on how much that parent earns. Normally, the court will determine what the parent’s income is by looking at their annual tax return, or the tax returns of any corporation that the parent operates. However, determining a person’s income may be more complicated in situations where one parent believes the other parent is intentionally unemployed or earning less than they are capable of. In such situations, the Federal Child Support Guidelines [...]

By |28/11/2022|

Who keeps the family pets after separation or divorce?

Who gets the pets after separation in Canada? Many people develop deep bonds with their pets, and may often view them as members of their family. At the time of a separation or divorce, this can result in some very emotional conflict about what happens to the family pet. While there are laws that specifically direct courts to make arrangements for sharing custody and access to children, the law does not treat pets the same way. Instead, pets are considered to be personal property. That means that as a general rule, unless the spouses make an agreement otherwise, [...]

By |30/09/2022|

How to Terminate Your Spousal Support in Alberta

Terminating Your Spousal Support in Alberta Spousal support may be awarded when married couples or common law partners separate in Alberta — to aid the transition to financial self-sufficiency. While periods vary for spousal support, it’s important for the payor to honour the agreement until the expiry date (usually, there is one in all but the longest marriages) or until a specific event ends the agreement (such as a remarriage). In some cases, a modification or termination of spousal support must be sought due to a change of circumstances that does not automatically end the agreement. To arrange [...]

By |26/09/2022|

Factors Determining a Child’s Best Interests in Alberta

What are factors that determine what's in a child's best interest? You will hear the phrase “child’s best interests” repeatedly if you need to discuss child custody arrangements in Alberta. All court decisions involving children will be made in the child‘s best interests and parents must also consider these first and foremost when making separation agreements — as no divorce will be granted unless you provide reasonable evidence that the child’s best interests have been met. This is one of the clearest principles in family law. In fact, the new Divorce Act amendment, which came into effect [...]

By |30/08/2022|

Top Reasons Not to Self-Represent in Alberta Family Law Matters

Representing yourself Over Family Law Matters in Alberta Some people self-represent in family law matters in Calgary. On the face of it, this may seem like a viable option but it rarely is. Often, the motivation for self-representation is to save on legal fees but many family law issues can have a huge impact on family members’ lives and, with such high stakes involved, saving a few dollars can be a false economy if the result of the dispute or legal action goes against you. Other people are worried about the impact of sharing intimate family matters with someone [...]

By |08/08/2022|

How to Obtain Emergency Child Custody in Alberta

Obtaining Emergency Child Custody Orders in Alberta The safety of one’s children is a parent’s priority and if this is put at risk, you probably don’t need reminding that it is important to act. Whether that means a call to the police or your lawyer, the family law system in Alberta can help you protect your children. You may have several options, including obtaining emergency child custody via an emergency protection order — but it can be challenging during such a concerning and stressful period to take the right steps at the right time. The following explains how you [...]

By |13/07/2022|

Property Division and the Enforceability of Prenuptial Agreements in Alberta

Enforcing Property Division & Prenuptial Agreements in Alberta Alberta’s Family Property Act provides a legislative scheme governing the division of a couple’s assets in the event of separation or divorce. The default rule under the Act is equal division of all property acquired during the relationship, subject to exemptions for things like gifts or inheritance. While courts retain discretion to order an unequal division, they are generally disinclined to do so in the absence of some exceptional circumstance creating a real imbalance in the contributions made by each spouse (Jensen v Jensen, 2009 ABCA 272). However, this default [...]

By |06/07/2022|

Child Support for Children Attending Post-Secondary Education

Child Support for a Child's Post-Secondary Education in Alberta Alberta’s Family Law Act states that every parent has an obligation to provide support for his or her child (s. 49(1)). After separation or divorce, this obligation requires parents, to the extent of their means, to share the costs associated with the care, support and educational needs of the child, and is not limited merely to providing the necessaries of life [1]. Nor is it limited to children who are minors. On the contrary, both the Divorce Act and the Family Law Act define a “child” to include one who [...]

By |30/06/2022|

Understanding Parenting Plans and Custody Agreements in Alberta

Parenting Visitation Rights and Custody Agreements in Alberta When couples get married, no one plans to divorce. Yet, in 2021, 7.4 million people obtained a legal divorce in Canada. Although divorce is a common occurrence, it is a stressful one, especially when children are involved. Our goal at Spectrum Family Law Calgary is to make this difficult transition as smooth as possible. We aim for you to have a clear understanding of the systems in place so that you can best protect and care for your family. When dealing with something as important as custody agreements and parenting [...]

By |27/06/2022|

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    — B. R.

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    “Lorraine was very easy going , super nice and caring. Knowledgeable and professional. She helped me win !!! Thank you very much, now we can move on to a better part of our live’s !!! Definitely recommend.”

    — J. D.

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