If you are unfortunately going through a relationship/marriage breakdown, we can assist you in an empathetic and judgment free way to navigate all the relevant matters to a separation/divorce, including child support, partner/spousal support (commonly known as “alimony”), parenting, and property division.
We can help you at the start of your relationship by preparing a cohabitation or marriage agreement (commonly referred to as a “prenup”).
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We ensure to provide timely responses to all inquiries. We will adapt our services to meet your objectives/priorities because your end goal is unique to you.
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Our rates are competitive and we are always transparent with costs, so you know what you will pay for the services you require before you hire (retain) us.
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We offer an inclusive, non-judgmental law firm environment, no matter your circumstances. With expertise in serving South Asian/immigrant, LGBTQIA+, and polyamorous communities.
AREAS OF EXPERTISE
Prenuptial, Marriage, and Cohabitation Agreements
Child Support
Parenting
Partner/Spousal Support (Alimony)
Property Division
Fertility Law
Frequently Asked Questions
FAQ
Here are some common questions about family/divorce law.
Child support is the right of the child. You are legally required to pay for child support if your child lives with the other parent full-time, or if you are sharing parenting. Please see our blog post to learn more.
Spousal or partner support (sometimes called alimony) is support that an individual pays their ex-partner/spouse. The grounds for entitlement are compensatory and non-compensatory. Compensatory refers to compensation for sacrifices made in the relationship, such as not working or working less to raise children or moving to follow the partner/spouse’s career. Non-compensatory is to help someone become economically self-sufficient and/or assist when there is an income disparity. Support is gender neutral, so it applies regardless of who is the higher income earner. The way that support is determined is first the judge will decide if there is entitlement. If there is entitlement, then the next questions are how much (quantum) and for how long (duration). We recommend booking a consultation to get more information for your specific situation, especially as this type of support depends a lot on your situation.
When you get legally married OR live with someone for three years (adult interdependent partners), you enter a financial contract which the government defines for you. Unless you have a cohabitation or prenuptial agreement, then you are bound to the terms set by the government. If you do not have an agreement, then you may have to split your assets/debts. Please get in touch to book a consultation to learn more for your specific situation.
You still have rights to the property and a potential claim on the property. This claim is dependent on your specific circumstances, such as when the property was bought and how much the value has gone up since the relationship began. Please get in touch to book a consultation to learn more for your specific situation.
Property division works such that it is a 50/50 split of all assets/debts acquired during the relationship, with some exemptions, and then a 50/50 split of the increase in equity for assets owned before the relationship began. The start date for this division is the date of marriage or the date that you began living together, whichever is earlier.
Generally, yes. The idea is that before you leave children with a third party (babysitter/daycare), that you should give the opportunity to your co-parent to see them first. This makes sense financially and is considered to be in the best interests of the child.
No. They might try, and they definitely can have a say on whether your new partner meets your shared children, but they cannot control who you date. In terms of introducing new partners to children, the general rule of thumb is to wait at least 6 months since the relationship has begun (longer is always better) and to have a relationship of seriousness/stability (you do not want to keep introducing new people to your children because that is potentially confusing for them and can be considered not in their best interests).
Potentially. It really depends on your circumstances. You can amicably resolve without the help of lawyers (usually you will need to sell and divide your property between yourselves), you can attend mediation, or you can solve with the help of two lawyers. Just because you hire lawyers does not mean that you have to go through the process of filing in Court and litigating everything. If both of your lawyers are solution-oriented, we can usually resolve files for you efficiently and sometimes more cost effectively than mediation. If you require a separation agreement, such as if one of you wants to buy the other’s share of the family property or you need it to qualify for a new mortgage, then you will each need a lawyer. Please book a consultation and we can review your options.
This is a legal requirement for separation/divorce. You need it to be able to properly determine support and property division. Even if you are saying that you do not want anything, you usually need the disclosure to be able to properly waive (give up) the claim. The law requires transparency. You will also have to exchange your financial information annually for child support purposes.
You can enter a new relationship. The problem is that you will complicate the divorce/separation. If you co-mingle (mix/combine) your finances with your new partner, then you open them up to be at risk for claims by your ex-partner/spouse. It is highly recommended that you keep finances separate and do not move in together until your separation/divorce is completed with the previous partner/spouse. If you want to still proceed, you should have a cohabitation agreement prepared, email info@jkblaw.ca to find out more about how to get an agreement.
Legally speaking, the difference between a separation (having a signed separation agreement) and a divorce is that when you are divorced, you can get married again and you don’t require a dower release. Otherwise, separation and divorce are the same. If you do not have a signed separation agreement though, then there are bigger differences and you should consider booking a consultation to discuss further.
Depends on what situation you are referring to. The actual date of separation is when you and your partner/spouse decided to no longer be in a relationship. This does not require you to move out of the property, but you should be in separate beds/rooms and no longer presenting as a couple. You can file your taxes as separated and update your status as soon as 90 days have passed (check CRA website for the latest information), which will impact the benefits that you receive and provide you with legal proof of separation. To actually be legally separated, you would normally need a separation agreement. To have a binding separation agreement in Alberta, you do require independent legal advice for each party (meaning each of you has to have your own lawyer that reviews the agreement to make sure you understand your rights before you sign).
