Family Law

While no longer taking on acrimonious or hotly contested matters which require court applications or trials, our office would be happy to assist you with obtaining your divorce, provided you and your spouse can agree to the terms. If there are areas of disagreement, feel free to contact our office to set up an appointment to learn more about the applicable law and the options available to you.

We can also provide independent legal advice regarding the terms of legal agreements between spouses dealing with the issues arising on their separation, like parenting, financial support, and property allocation.

When a relationship experiences difficulties, it can be a very challenging and emotional time. Getting reasonable and accurate advice can go a long way toward diffusing some of the stress partners experience and help them to work toward a realsitic and appropriate resolution.

Please contact our office to make an appointment to discuss your particular situation and we will do our best to provide useful, practical information and advice.

Cohabitation or Marriage Agreements

Couples who have acquired assets before a new relationship and who have concerns about preserving individual holdings and how to treat new or jointly acquired property should think carefully about preparing a cohabitation agreement (where couples live together and are not legally married) or a marriage agreement (if contemplating marriage).

What does the agreement do?

Each partner has the opportunity to address their concerns over the possible fate of their own property and property acquired during their new relationship in the event the new relationship breaks down or in the event of one partner's death or incapacity.

An asset-rich partner can protect assets brought into the relationship and an asset-poor partner can be assured he or she will not leave the relationship with nothing if it breaks down or ends with the death or incapacity of one of the partners.

These agreements can also protect assets one partner intends to be given to children of a previous relationship when that partner dies.

Why is it important?

While there is no specific Alberta legislation which addresses the division of property upon breakdown of a common-law relationship, it cannot be assumed that each partner will leave the relationship with an equal division of both partners' property or with what each brought into the relationship. Increasingly, a more equitable division is favoured.

Similarly, upon marriage breakdown, there is a presumption of an equal split of property; entering into a marriage contract can allow spouses to depart from that rather rigid standard.

Why get a Cohabitation or Marriage Agreement?

We recommend the couple address their concerns about asset purchases (including real estate) or about support intentions, for example, up front. That way, both partners have a clear understanding of the other's expectations in the relationship and they may plan for their future together more positively, with a clear understanding of their legal rights and obligations.

For more information about these agreements, please contact one of our Family Law Paralegals, Amanda Moroz at her email address amanda.m@goodlawfirm.ca or telephone our office at 780-459-0133. You may also speak with Wendy Phillips-Berard.