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Is it Really Over? |
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is the first question that you must ask
yourself. If you wish to continue in your
relationship there are Counseling Services
available to help. Sometimes just talking to
a counselor can help marriage partners
resolve their difficulties
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Separation |
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What is a "legal separation"? As lawyers, we are frequently asked this question. This usually means that the Husband and Wife have reached an agreement and enter into a contract, commonly referred to as a Divorce and Property Contract, Separation Agreement, or Minutes of Settlement. The contract commonly deals with issues such as Child Support, Spousal Support and Property Division.
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Divorce |
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| Divorce
is governed by Federal Legislation in
Canada, the Divorce Act. There are three
permitted reasons, or Grounds for a
Divorce:
1. Living separate and apart for one year or more, 2. Mental or physical cruelty 3. Adultery. Whose fault the divorce is has no effect on Custody, Access, or child or spousal support, or property disputes.
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Custody |
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| Children,
what about them?
Custody can be arranged in many different ways. Custody includes the right to decide on schooling, religion and other living routines. The test for determining the custody is the best interests of the children. There can be a Joint Custody arrangement with the children residing with one parent, while both parents continue to jointly make decisions regarding the children. This arrangement works best when both parents co-operate and work well together with the best interests of the children in mind. If the parents cannot agree on Custody, the court will make a decision. Quite often the court will seek an opinion from a professional psychologist, who will prepare an assessment and present a recommendation to the court. The Access parent has the right to visit with the children, usually overnight, and to be given information about their health, education and welfare. Access can be arranged between the parties, or it can be specified in a Court Order.
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Child Support |
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obligation to support the children continues
when parents separate. Child support is now
determined by the Federal Child Support
Guidelines. Generally, child support is
determined based on the annual incomes of
the parents, and the needs of the children.
A Divorce will not be granted unless the
Courts are satisfied that the child support
arrangements are made. There are many
factors that are considered in determining
child support and you should discuss your
unique circumstances with your lawyer.
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Spousal Support |
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factors are taken into account in
determining spousal support. The needs of
the recipient spouse and ability to pay
spousal support are considered by the
Courts. The ability of the dependant spouse
to be self sufficient is also important.
Support is awarded in situations where one
spouse has become dependant as a result of
the marriage. Spousal support is taxable
income to the spouse who receives the
payment as a result of an agreement or Court
order.
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Property Division |
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| Property
is governed by provincial legislation, the
Matrimonial Property Act in Alberta.
Matrimonial property is to be divided
equally between the partners. Property that
is generally exempt from division is the
property owned before marriage, inherited
property, gifts from a third party and in
some cases insurance settlements and damages
received in tort settlements. The Courts can
make temporary orders for possession of
property if there is a dispute.
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Common Law Relationships |
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| Common
Law partners do not have the same rights and
obligations as married persons do presently
in Alberta. This area of the law is
constantly changing, and some legislation
dealing only with married persons is being
challenged in the Courts. If you are in a
common law relationship it is important to
get legal advice. You may have rights and
obligations you are not aware of.
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We
will provide assistance and answer
your
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Including:
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