The Best Edmonton Separation and Divorce Lawyers understand that Christmas can often be a difficult time in family relationships: unrealistically high social expectations; increased financial costs; disputed parenting of children. With the COVID-19 pandemic restrictions, Christmas 2020 may be even more stressful than usual. Sometimes, unfortunately, this increased stress can lead (or add) to the breakdown of that family relationship. When this happens, difficult decisions will have to be made: parenting of children; financial support; dividing family property. But fortunately, there are rules and principles of family law that can help Edmonton separating and divorcing spouses make these decisions or resolve disputes about these issues. This is where the best Edmonton Separation and Divorce Lawyers can help. MacLean Family Law has offices across Canada. Peter Graburn and his Alberta family law team handle cases in Calgary and Edmonton.
Best Edmonton Separation and Divorce Lawyers-Divorce 403 444 5503
But what is the difference between Edmonton Separation and Divorce? Generally, it depends on whether you are married or not. If separating spouses are married, issues of parenting children, child support, and spousal support (as well as the actual divorce) are dealt with under the federal Divorce Act. Under the Divorce Act [s.8 (1)], there is only one ground for divorce, being the breakdown of the marriage. But this breakdown can be established in three (3) different ways, being:
● Separation for 1 year;
● Mental or physical cruelty, or;
● adultery.
In Alberta, division of family property of married spouses is not dealt with under the Divorce Act (or the provincial Family Law Act, as in B.C. and Ontario) but instead under the Alberta Family Property Act, which divides family property equitably (basically equally) after taking out non-family property (ie. gifts, inheritance, personal injury damages, etc.).
Best Edmonton Separation and Divorce Lawyers – Common Law Separation 403 444 5503
But what if separating spouses are not officially married, what many call “common-law”? In Alberta, we don’t actually use the term “common-law” – the legal term is “Adult Interdependent Partner” (or AIPs). AIPs are defined as two persons who live in a “relationship of interdependence” for a continuous period of three (3) years (or some permanence if they have a child together). In Alberta, AIPs have substantially the same rights and responsibilities in family law matters (ie. parenting of children, child support, and spousal support) under the provincial Family Law Act as married spouses have under the federal Divorce Act. Furthermore, of significant importance, since January 2020, AIPs in Alberta have basically the same rights and responsibilities to divide family property under the Alberta Family Property Act as Alberta married spouses.
Separation Agreements
As indicated above, there are laws (both provincial legislation and Court case law) and principles of family law that assist Edmonton Separating and Divorcing spouses resolve family law disputes if the separating spouses cannot resolve those issues between themselves. But what if the spouses (whether married or AIPs) agree they do not want to resolve these issues according to the provincial laws? Cohabitation, Prenuptial, and Marriage Contracts allow these couples to draft their own agreement to structure spousal support and the division of their property the way they want rather than follow the government created rules for these issues.
Mediation / Arbitration
But what happens if you and your ex-spouse cannot agree to resolve your family law disputes or wish to structure your separation differently than government laws and case law? Fortunately, there are dispute resolution processes that separating spouses can use to resolve their family law disputes out-of-Court, including:
● Mediation – non-lawyer led dispute resolution that can lead to an agreement that needs to be taken to lawyers to turn into a Separation Agreement;
● Collaborative Law – lawyer-led dispute resolution that can lead to the signing of a Separation Agreement;
● Arbitration – private decision-making by a senior family law lawyer with a mediation component.
MacLean Law has Offices across Canada including downtown Vancouver, Calgary, Toronto, West Kelowna, Surrey, Richmond, Victoria, and Fort St. John. For more general info read this.
Alberta Family Lawyers Can Help 403 444 5503
Edmonton Separation and Divorce Lawyers assist their clients to understand the different ways AIPs and married couples are treated under the law in Alberta and assist them to make sure their wishes and preferences are respected when they differ from the government legislated rules that affect the resolution of their family law matters.
Reach out to our Edmonton Separation and Divorce Lawyers today 403 444 5503
