The breakdown of a relationship and marriage can be a stressful and emotional experience. The associated legal proceedings can be equally frustrating and confusing. Many people are unfamiliar with common terms used in the separation and divorce process. For your convenience, we have compiled the following list of commonly used but unfamiliar words you may encounter during your separation or Court experience in Alberta
Grandparents play an important role for many children well into their adulthood, and many grandparents treasure the time they get to spend with their grandchild(ren). Unfortunately, the separation of parents and other life events can have an unforeseen impact on the relationship between grandparents and their grandchild(ren). In some circumstances, family members are unable to agree on the contact grandparents may have with their grandchild(ren). In Alberta, the Family Law Act allows grandpa...
Canadian Courts are reluctant to interfere in the private contracts made between individuals. However, contracts in the family law context, whether separation agreements, prenuptial agreements, or cohabitation agreements, are held to a higher degree of scrutiny than traditional commercial contracts because of the often-unequal power relationships that exist between former spouses. In 2003, the Supreme Court of Canada (SCC) decided the case of Miglin v. Miglin, which had a significant impa...
When filing a Statement of Claim for Divorce and Division of Family Property as the initiating document to commence a divorce proceeding, one might also then expect that division of property between spouses would also be included when finally receiving a Divorce Judgment and Corollary Relief Order at the end of a divorce proceeding. However, that is not the case. A Divorce Judgment and Corollary Relief Order confirms your divorce has been granted, and what can also be addressed in this p...
But in divorce, separation and custody matters, the voice of a child is not always directly heard. Parents will ask counsel and the Court ‘Why can’t my child say what they want?’ or ‘Can’t my child say where they want to live?’ or even ‘ Ask him if he wants a vaccination! There is no exact response to theses questions but fortunately there are some options. This is because each child matures at a different level. A very mature and eloquent eight-year-old may be able to vocalize their wish...
When one parent seeks a substantial relocation with a child and the other parent objects, the moving parent may be required to make a mobility application. Until recently, the Divorce Act, the legislation governing divorced spouses, was silent on the issue of mobility. The Courts have long relied on the Supreme Court of Canada decision of Gordon v Goertz, [1996] 2 SCR 27, which outlines the test that moving parent must satisfy before being permitted to relocate with a child. This common law ...
Following separation or divorce, it is common for parties to find new life partners. This “re-partnering” is one factor that a court may consider relevant in determining a spousal support claim or variation. Re-partnering may impact a recipient’s entitlement to support as well as the quantum/duration of those spousal support payments. To understand how re-partnering may affect spousal support entitlement, there must be an understanding of the three grounds for spousal support – compensatory...
Wills and Estate lawyers will readily advise clients that fixing the issues caused by poor drafting and a lack of precision in estate planning results in far more time required to complete the estate probate process, stress for clients and in turn likely far higher legal costs. Clients are best served with hiring a well trained lawyer who regularly practices in the drafting of Last Will and Testaments, as well as the successful probate of an estate which is confirmed by the Court of Quee...
The best interests test is a highly fact driven analysis, which is why it is important for parents to be aware of the factors listed in Section 16(3) of the Divorce Act. When parents do not agree on their parenting schedule and responsibilities, they need to be prepared to show why the parenting arrangement they are seeking is in the best interest of their children, and not simply what they desire as parents. Given the expansive list contained in Section 16(3), parents need to be mindful tha...
Immediately following separation, spouses often experience a transition period where they remain financially intertwined while working to divide their shared property. During this transition period, it is common for one spouse to continue residing in the family home while the other spouse moves out permanently or until a property agreement is finalized. Consequently, one party continues to benefit from living in the family home while the other party often incurs additional rent and living ex...
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