Divorce in Alberta: Filling the Papers

Table of contents

Separation and divorce can bring up a lot of questions. Since 2006, Fairway has been helping clients through this significant transition, and our mediators have seen it all. The following sections provide answers to frequently asked questions, definitions of important terms, samples of important

Separation and divorce can bring up a lot of questions. Since 2006, Fairway has been helping clients through this significant transition, and our mediators have seen it all. The following sections provide answers to frequently asked questions, definitions of important terms, samples of important documents, and an overview of the divorce and separation procedure. If you have any further inquiries or would like to schedule a consultation with one of our mediators, please contact the location that is most convenient for you.

When can I start the divorce process, and what do I need to do first?

The divorce process typically includes the execution of a separation agreement. If there are no assets or children involved, it is possible to file for divorce before a separation agreement has been signed. All the decisions you and your spouse have made, whether by mutual agreement or court order, should be recorded in a separation agreement. Divorce agreements typically cover four main areas: property division, spousal support, child support, and parenting responsibilities.

In Alberta, where can I find a sample separation agreement?

All of your discussions and compromises with your spouse lead up to the separation agreement. The terms of your separation agreement can be settled in a number of ways.

  1. Both you and your partner can take the conventional route and seek the help of attorneys in your legal battle.
  2. If you and your partner are completely in sync on all fronts, you can do it on your own.
  3. You may also opt to use an ADR service (alternative dispute resolution). Because of the 2021 amendments to the Divorce Act, which mandate alternative dispute resolution, which may include mediation unless it is inappropriate (ex. Situations involving family violence) Divorce in Canada is governed by clear laws, and most families decide it's not worth the hassle to fight over custody or child support with an attorney. In accordance with the new Divorce Act, mediation is encouraged as a first resort even in high-asset, high-conflict divorces. For more information on how to get started, contact your local Fairway.

In Alberta, how do I go about getting a divorce?

It may take the court in Alberta two to three months to finalize a divorce. Because of this, we can:

  • It is now time for the court to have Ottawa issue a certificate of finalization of a divorce.
  • The Length of Any Delays
  • Divorce proceedings take time to resolve in court.

Divorce petitions can be filed in two ways: by the individual seeking a divorce or by a service hired for that purpose.

  • If you and your spouse want to file for divorce without the help of a lawyer, you can do so by getting the necessary paperwork from the courthouse, filling it out jointly, and then filing it. It seems easy at first. The forms are more involved for families with children, joint property, and financial support.
  • A divorce attorney will charge you more money, but they will handle all the paperwork and court appearances for you.

In Alberta, how much do divorce filing fees typically run?

In Alberta, divorcing couples must pay roughly $260 in court fees. All necessary divorce paperwork will be submitted to the King's Bench clerk.

Alberta Family Law: A Guide for Pro Se Litigants

If the spouses are unable to mediate or negotiate on their own, and neither wants to hire an attorney to represent them, it is not uncommon for them to represent themselves in a matrimonial dispute. When someone represents themselves in court, they are doing so without the assistance of an attorney.

Law and Family: Representing Yourself in Family Court

How to File an Application in Alberta Courts is outlined here. Family Law Self-Representation

The term "common law" is often misunderstood. Instead of "common law marriage," Alberta uses the term "adult interdependent relationships" (AIR).

Legal Aspects of Families, Cohabitation, and Adult Dependent Partnerships

What Makes an Adult Dependent Relationship in Alberta? Dependent Adult Friendships

Even if one parent does not share in the physical care of the child or children, he or she still has a duty to provide financial support for them under the Family Law Act. The child has the right to receive child support.

Support payments are due to the custodial parent when the child is not living with them both. Most of the time, the parent with the higher income will be the one to fork over child support if the child splits time evenly between themselves and the other parent.

Where can I find Alberta's child support guidelines?

Alberta's child support system follows the federal government's guidelines. For the purpose of establishing child support obligations, the courts use specific rules, which are reflected in these guidelines.

The amounts are determined by the payer's yearly income and the number of dependent children. Since each province uses its own formula, here is Alberta's assistance table.

What factors into Alberta's child support formula?

If you need to determine how much child support to pay each month, you can use the federal guidelines. If you need to figure out child support quickly, you can use this tool.

In what percentage of one's annual income does child support begin to be levied?

If you want to use the Federal Tables to determine the correct child support amount, you'll need to know the paying parent's annual income. Income used for child support purposes in Alberta may differ from taxable income. This Detailed Guide will help you figure out your earnings in no time.

The table amount in the Federal Child Support Guidelines is established by taking into account the following factors:

In what ways does the Universal Child Care Benefit affect child support?

The Universal Child Care Benefit (UCCB) is provided to Alberta parents. Following a divorce, the UCCB is given to the parent who is legally recognized as the child's custodial parent for tax purposes. Income thresholds do not always account for the Universal Child Care Benefit. When the following conditions are met, this benefit is not counted as taxable income:

  • You're figuring out how much each parent should contribute to one-off costs.
  • The Universal Child Care Benefit recipient's child has unique costs that must be covered.

In Alberta, what is the legal age of consent?

In Alberta, the age of majority is 18.

When it comes to child support, why does Alberta have its own set of rules in addition to the federal ones?

For parents who haven't filed for divorce under the Divorce Act, the federal child support guidelines offer no help. Equal treatment of children is preferable for child support purposes. Since the Divorce Act may not apply in some situations, the Alberta Guidelines were drafted as part of the Family Law Act to address these concerns.

Child custody and parental rights in the legal system

This booklet describes the legal definition of an Adult Interdependent Relationship in Alberta, which is relevant to the topics of child custody and parenting. Parental Rights & Responsibilities in Custody & Raising of Minor Children

Payments made to a former spouse in Alberta to help with their day-to-day expenses are known as spousal support.

When an order for spousal support can be made in Alberta

One definition of an "Adult Interdependent Relationship" is a romantic partnership in which two adults depend on one another.

  • For a period of three years; or
  • If you are in an AIP (Adult Interdependent Partnership) that has lasted less than three years;
  • If you decide to have a child together, the answer is less than three years.

The spousal support provisions of the Divorce Act (Canada) will be applied by the court if a divorce involves a request for such payments by one or both parties. If the following conditions are met, the court will order spousal support under the Family Law Act:

  • After being in an AIR for some time, both parties are now seeking spousal support; or
  • Once married, the couple has yet to file for divorce.

There are some key differences between these two statutes.

Why Is Spousal Maintenance Important?

It is important to note that the goals of a spousal support order are addressed in both the Divorce Act (Canada) and the Family Law Act (Alberta). In order to achieve these goals, we must:

  • Take into account the financial gains or losses that each partner experienced during the marriage or as a result of the divorce.
  • Child-related expenses beyond child support must be split evenly between the parents.
  • Help alleviate the financial strain that the divorce may have placed on the former partners.
  • Spouses should be encouraged to become financially independent as soon as possible.

According to both laws, neither party's misconduct can be used to reduce or increase spousal support payments.

How do I determine the correct amount of child support?

Spousal support obligations can be calculated using the Support Advisory Guidelines as a reference. The guidelines factor in the combined income of both partners, the number of children in the household, and the length of the marriage.

MySupportCalculator.ca is an online calculator that can help you determine how much financial support you may be eligible to receive in Canada.

Is it possible to enforce the spousal support order in Alberta?

Parties can enroll in the Alberta Family Maintenance Enforcement Program (MEP) once a spousal support agreement has been reached. Spousal support payments can be monitored and enforced by the government's MEP program. To sign up for the Alberta MEP, please click here.

Helping to establish Advisory Principles.

The Law and Family Support Funds

This pamphlet provides information about financial support, including the child and spousal support laws in Alberta. PDF Offering Monetary Help

Each Canadian province has its own set of laws governing the equitable distribution of marital assets. Pay close attention to the fact that the content you are viewing is intended for Alberta only.

If you and your spouse or adult interdependent partner in Alberta divorce on or after January 1, 2020, the Family Property Act will govern your assets. Matrimonial Property Act applies to those who were married and legally separated on or before December 31, 2019.

Can you define "family property" in Alberta?

With a few exceptions, all property and debts acquired during a marriage or cohabitation (depending on the applicable legislation in your situation) in Alberta are considered matrimonial or family property.

All of the following are included in this category:

  • Vehicles
  • RRSP’s
  • Financial security in old age
  • Financial records
  • Protection plans
  • Wedding abodes
  • Amusement park equipment
  • Investments

Debts like these are also included:

  • Payment by means of credit card
  • Using Credit Lines
  • Mortgages
  • Paying with plastic
  • Income tax

How does Alberta's division of property work?

Unless it would be immoral to do so, couples in Alberta should divide the property's value evenly. For example, if one spouse keeps an asset and the other does not, the spouse who does not keep the asset will receive an amount equal to half of the asset's value.

Is there any property in Alberta that is not considered marital or family property?

There are some things that are not considered "matrimonial property" in Alberta and are not subject to division. Such things may include:

  • Financial resources each partner brought to the marriage or cohabitation
  • Inheritances
  • Customized presents for a single recipient
  • Compensation for injuries sustained in accidents
  • Insurance money that doesn't come from the at-fault party to compensate a single victim's loss

However, merely because a spouse has been the recipient of one or more of these does not render them exempt. Several other variables are at play as well, such as

  • Its current market value, if you will.
  • For cases where the item's value has dropped
  • In the event of a sale,
  • How the funds were used, including whether or not they were invested in a joint asset,

In Alberta, how is a pension divided?

According to the Matrimonial and Family Property Act, pensions are considered property that can be divided between spouses. Private pensions (obtained through employment) and the Canada Pension Plan are the two main categories of retirement savings plans. When a marriage ends, a pension may be divided in accordance with statute.

Topics in Family Law Including Property Division

This pamphlet explains Alberta's property division laws and is useful for anyone experiencing a breakup. Separation of Property Form

When compared to going through the courts, divorce mediation is both faster and cheaper. The Divorce Act requires the use of alternative dispute resolution techniques, such as mediation, arbitration, or collaborative law, when a couple is having marital problems. You and your spouse, with the assistance of a neutral third party like Fairway, will sit down together or apart to work out an agreement covering all aspects of your divorce, from property division and spousal support to parental decision making. Divorce mediation can be either open or closed. Unlike closed mediation, open mediation can be discussed publicly. As a rule, mediations within families are private.

Collaboration is essential for successful mediation of divorce. The mediator guides the discussion and keeps it moving so that all issues are discussed. But he or she won't give you the rundown on the law Consequently, before signing any legally binding agreement, it is recommended that both parties consult with their own independent lawyers.

A legally binding separation agreement can be filed with the court after a divorce mediation session where a non-binding written agreement was reached during the mediation. Similar to obtaining a court order, this one can be used to force compliance.

Cooperation is crucial in divorce mediation, which can be difficult. However, many very contentious couples and financially complex families have benefited from our proprietary process, which involves multiple professionals, in order to reach a fair and equitable settlement. Divorce mediation is preferable to litigation whenever feasible because of the time and money savings it can bring.

Addresses issues related to divorce, including claims for spousal and child support, custody, and visitation. The United States Government's Legal Separation Act

Provincial

A Look at Alberta's Family Law Act

The purpose of the Act is to create a family law system in Alberta that is easy to understand, cohesive, and efficient in its efforts to protect children and strengthen families. The Family Law Act of Alberta

After a divorce or separation, the MPA's goal is to ensure that each spouse receives a fair share of the marital estate. The MPA is based on the assumption that marital assets and liabilities are to be divided equitably. Child support, spousal support, and support for domestic partners is collected and enforced by the Maintenance Enforcement Program (MEP). Law Enforcing Maintenance Obligations

Is Fairway something you'd be interested in? Let's chat so we can figure out what your best next move is. In only 30 minutes, you can gain perspective.

One of our senior divorce mediators is available for a no-cost initial consultation with potential clients. To determine which of our offerings is most appropriate for you, they will have a conversation with you about your specific circumstances, goals, and concerns. A swift conclusion is possible with our team's mediation, financial advice, and litigation support. Maintain your sense of agency and mastery over your life's trajectory, resources, and liberation.

Just call us first before you get in touch with an attorney.

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