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Services - Family Law & Div0rce
Litigation
This is the most recognized form of dispute resolution, although in the area of Family Law, it is often the least effective. The litigation process is based on an adversarial system, pitting one party against another. Disputes are presented before the Court and heard by a Judge who rules on the facts presented. The decisions made by the court are legally binding. This process is usually the most lengthy and costly method of resolving outstanding issues between parties.
Mediation
An alternative form of negotiation is for the parties to attend before a neutral mediator who facilitates settlement discussions directly between the parties. The mediator will encourage settlement options and offer an opinion as to how to resolve the issues. The opinion of the mediator is just that, an opinion, and is no way binding on the parties. It is imperative that both parties have independent legal advice before proceeding to mediation.
Arbitration
If negotiation is not successful, parties may proceed to arbitration. This form of dispute resolution relies on an independent third party who is appointed to settle a dispute by rendering a binding decision. The process is more straight forward and generally less costly than proceeding to litigation.
In most cases, there is no appeal from an arbitration award.
Additional Services
Separation Agreements
A separation agreement may document how you will parent your children, how you will divide your assets and debts, and how you will financially support yourself and your children.
Many of these topics have challenging and intricate details which need to be resolved. As parties work through the topics covered by their written agreement, sometimes conflict can arise.
A well negotiated separation agreement will provide structure for your future plans.
Co-Habitation Agreements
“There is a widespread misconception that the law about division of property treats common-law partners and married spouses alike. In fact, the rules for division of property are very different. The legislation that applies to married spouses is clear and generally produces predictable results. In contrast, the rules for common-law partners are difficult to find, difficult to describe, and produce inconsistent results.” - ALRI Report 30
Child Support
A spouse may be entitled to child support if there is one or more children that reside with him or her. If a spouse is entitled to receive child support then child support is calculated based on amounts set out in the Federal Child Support Guidelines.
Generally, the payment of child support has been perceived by the Courts in Alberta to be the right of the child to receive and right of the residential parent to demand. As such, child support is generally payable from one spouse to the other unless incomes of each spouse are approximately the same and there is a shared parenting arrangement. The calculation of child support in these circumstances is more complicated and requires analysis.
Spousal Support / Independent Partner Support
Spousal Support is a payment from one spouse to the other, following the breakdown of a marriage or common law relationship, usually in the form of monthly payments that are taxable income for the recipient and tax deductible from the payor's income.
Spousal Support is a complex area of law. The law continues to evolve. Each family will have unique circumstances that need to be considered. It is important to have legal advice from a qualified advisor in order to have your interests properly represented.