Divorce is an option only available for couples that are married. There are three grounds for divorce in Canada and we can help you determine which one is right for you. Additionally, we can help you determine what constitutes matrimonial property is and what property may be exempt from division and distribution. We can also deal with business assets and how they are to be divided, taking into consideration tax consequences. There are many ways to divide matrimonial property and we can explore what option is best for you and your particular situation.
In the event of a breakdown of your marriage, you may be entitled to spousal support depending on the circumstances of your marriage or you may be required to pay spousal support. Spousal support is not automatic and there a number of factors that one must consider prior to determining one’s entitlement to or obligation to pay spousal support.
If you and your spouse have children, we can help you deal with the issues of custody, parenting and child support. These issues are very important and what happens soon after separation may have a lingering effect. It is important to seek legal advice soon after a separation to understand one’s rights and liabilities.
We can also help those couples that have resolved all issues related to their divorce but just need a little help in drafting a Separation Agreement and/or obtaining a Divorce Judgement and Certificate of Divorce.
Prenuptial Agreements are for those couples that plan on getting married in the future and primarily used to provide a degree of certainty and protection with respect to the division of property in the event of a breakdown of the relationship. Specifically, these agreements are used to ensure that the Matrimonial Property Act of Alberta, and the principles of property division therein, do not apply to the parties’ relationship. Prenuptial Agreements can also be used to set out the other rights and obligations of the parties in the event of a breakdown of the relationship including spousal support and parenting. Prenuptial Agreements are carefully crafted to each couple’s specific needs and can address a myriad of issues. If you and your future spouse are considering entering into a Prenuptial Agreement, call our office for a consultation and we will be happy to assist you.
Cohabitation Agreements are for those couples that are planning on moving in with one another and that may purchase property, either jointly or separately. Cohabitation Agreements offer a degree of protection to each parties’ existing assets and can also protect assets that may be acquired in the future by either of them. Cohabitation Agreements routinely set out how property is to be divided in the event of a breakdown of the relationship, but can also address other important relationship considerations, such as who will be responsible for specific payments, partner support, parenting and many other issues. If you and your loved one are considering a Cohabitation Agreement, we will be happy to assist you.
Many people feel that living in a common law relationship is just like being married and that their rights and entitlements are very similar to that of married couples. The reality is that common law relationships are all treated differently depending on a number of factors. It is important to seek legal advice prior to entering into a common law relationship but unfortunately many people do not do so. If you find yourself confused and unsure about what rights you have to property or partner support we can help. There are a number of other issues that arise when children are born in these types of relationships such as guardianship, custody, parenting, contact and child support. We can help you and provide legal information that will assist you in deciding how you want to proceed prior to entering into a common law relationship and in the event of a breakdown of a relationship.
If your child(ren) have been apprehended from your care we can help. The government has limited time and so do you to take action. It is important to seek legal advice immediately. We can assist you whether you are facing an initial custody hearing, temporary guardianship application (TGO) or even a permanent guardianship application (PGO). Further, we can help you if the children are safe with someone else who is willing to take guardianship of the child or children.