Clear guidance when your family is changing.

Every situation is different, but it often helps to get legal advice early, before making major decisions about children, finances or property. Early advice can help you understand your rights and obligations and avoid steps that may be difficult to undo.

Separation does not generally require a court filing, but married spouses remain legally married until a divorce is granted. Time limits may also apply to some family law claims, so it is a good idea to seek advice promptly.

Your safety comes first. If you or anyone in your family is in immediate danger, please call 911 or contact local emergency services right away.

Once you are safe, we can talk with you about the family law issues involved in your situation.

A separation agreement is a written contract between separating spouses or partners that records how they have agreed to deal with issues such as parenting, child support, spousal support and the division of property and debts.

A carefully prepared agreement can provide clarity for both parties and may help reduce the need for court involvement. Each party should generally obtain independent legal advice before signing.

Parenting time refers to the time a child spends in the care of each parent. Decision-making responsibility refers to making significant decisions about a child’s well-being, such as decisions about education, health care, language, culture, religion and significant extracurricular activities.

These terms have largely replaced the older language of “custody” and “access.” Parenting arrangements are determined with the best interests of the child as the primary consideration.

Child support is generally determined with reference to the Federal Child Support Guidelines, which take into account factors such as the paying parent’s income, the number of children and the parenting arrangement. Certain special or extraordinary expenses may also be shared between the parents.

Accurate financial disclosure is an important part of the process. We can explain how the guidelines may apply to your circumstances.

Not every separation results in spousal support. Entitlement depends on the circumstances of the relationship, which may include its length, the roles each person played, each person’s financial situation and the economic effects of the relationship and its breakdown.

Where support is payable, the amount and duration depend on the facts, and advisory guidelines are often used as a reference. We can help you understand how these considerations may apply to you.

In Alberta, property acquired during a marriage or adult interdependent relationship is generally shared between the parties, although some property may be exempt or treated differently depending on when and how it was acquired. Debts are also taken into account.

Identifying and valuing property, including the family home, pensions and investments, is often an important early step. We can explain how these principles may apply to your situation.

Independent legal advice is advice from a lawyer who acts only for you, not for the other party. Before signing a separation agreement or another family law agreement, each party is often advised, and in some cases required, to obtain independent legal advice so they understand its terms and effect.

We can review the agreement with you, explain your rights and obligations under it and, where appropriate, provide a certificate of independent legal advice.