FAQ Family Law
What issues are encompassed under “family law”?
Family law is a broad area of law addressing legal issues relating to families and domestic relationships/partnerships. The issues include divorce, parenting schedules, child and spousal support, partner support, adoption, guardianship, paternity, pre- and post-nuptial agreements, and more.
I have just separated from my spouse. Now what?
While it is possible to represent yourself in your family law proceedings, we suggest that you use the services of one of our experienced family lawyers to ensure that you understand all of the rights and obligations arising from your recent separation. At minimum, we suggest you reach out for a free 30 minute consultation with us so that we can help guide you in the right direction.
What does “custody” mean?
Custody is a term which is no longer typically used in family law situations in Alberta. In Alberta, we refer to “parenting”, which usually references how much time a child spends with each parent in a situation where parents are no longer living together. We also refer to “guardianship”, which deals with the rights and obligations arising from having a biological child, adopting a child, or in some instances, standing in place of a parent for a child.
How is child support calculated?
Child support is usually calculated using the Federal Child Support Guidelines and your before-tax income. However, there may be factors which alter the child support owing in your circumstance. Economic hardship, shared parenting schedules, or matters where one parent is self-employed are examples of situations where child support calculations may vary from the norm. We recommend consulting with one of our experienced lawyers to discuss your child support matter as soon as possible after a separation occurs.
What is a prenuptial agreement?
A prenuptial agreement, also referred to as a cohabitation agreement, is a legally binding agreement made between two parties who live together in a romantic relationship, whether or not they plan to get married. This agreement establishes the parties’ intentions regarding spousal support and the division of property in the event of a separation.
Who should get a prenuptial or cohabitation agreement?
Every person in a relationship with another person, who lives with that person, should consider entering into a prenuptial or cohabitation agreement. Even if you do not share finances with your partner, it is possible for you to be responsible for paying your partner spousal support in the event of a separation, or to share your property with your partner in the event of a separation, even if you solely purchased that property. Your partner could be entitled to a portion of your home, regardless of whether he or she ever paid the mortgage.
You could be responsible for paying your partner’s debts, regardless of whether or not you jointly incurred those debts.
How is a parenting schedule determined?
Parenting schedules are always determined based on the child’s best interests. If you and your child’s other parent cannot agree to a parenting schedule and your parenting dispute is in Court for a decision to be made by a Judge, the Judge will make the decision based on their perspective of your child’s best interests. The Judge will not be swayed by your preferences, but will only consider what is best for your child.