Name: McLean Legal Family Lawyers
Address: Calgary Alberta Canada, AB
Telephone: 587-353-2632
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Recently, prenuptial agreements have been seeing an increase in popularity. Younger generations, particularly, have been going down this route before living together and tying the knot. For the best interests of soon-to-be-spouses wanting to become potential parents, it is beneficial to learn about child support and whether it is appropriate to include it within a prenuptial agreement. Find out everything you need to know here before contacting a child support lawyer in Calgary.

Understanding Prenups with a Child Support Lawyer in Calgary

What is a Prenuptial Agreement?

A prenuptial agreement or “prenup” is a legal agreement entered into between two people prior to marriage. This agreement may outline how property is owned, and by whom, during the marriage as well as how property and debts will be divided in the event of separation or divorce. Such agreements can modify the default provisions for addressing property division in a divorce or separation under the Alberta Family Property Act. The default provisions typically result in an equal division of assets between the parties but this may not be what each of the parties want.. Although entered into before marriage, a prenuptial agreement only becomes effective and enforceable after separation.

Can You Exclude Child Support in a Prenup?

One issue that family lawyers in Calgary continually address in prenups is the parenting of children and particularly child support for them. Specifically, can you include in your prenup that you won’t have to pay child support if you and your spouse have children and later separate or divorce? The short answer is almost always “no”. It would not be a legally-binding agreement if it said that no child support would be payable from one party to the other. Under Canadian law, child support is the right of the child – not the right of the parents. What exactly does this mean? It means that in almost all cases, parents cannot make an agreement that removes or limits a child’s right to receive support; any clauses in the agreement that would purport to do so would be unenforceable.

What Is Included For Child Support in a Prenup?

So, what can you include if you can’t waive or vary the right to the payment of child support in a prenup? The answer is that you can address how child support will both be calculated and paid. For example, you could set out how income will be determined for calculating support or specify the frequency and payment method.

It’s important to note, however, that even if you address child support concerns in your prenup, those will only be enforceable if they are consistent with the law in place at the time the agreement comes into effect. That means that if the prenup sets out a child support arrangement significantly different from what would then be ordered by a court, it may not be enforceable.

For example, let’s say you and your spouse agree in your prenup that you will pay a fixed amount of child support each month, regardless of your income or your child’s needs. If you later separate and the court determines that the appropriate amount of support is higher than the fixed amount you agreed to in the prenup, you may be ordered to pay the higher amount. To ensure that your agreement has a higher likelihood of being enforceable when it comes to issues of child support, we recommend that you seek legal advice from a family lawyer in Calgary who can assist you.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalized legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

Parenting arrangements for children are one of the first hurdles parents face when separating. The second is the matter of child support and who pays it. As joint parenting is becoming increasingly common, parents need to understand how such arrangements can affect child support payments. Learn everything you need to know about how joint parenting affects child support and how a child support lawyer in Calgary can help in such matters here.

Insight From a Child Support Lawyer in Calgary on Joint Parenting

Understanding Joint Parenting in Alberta

Child-related definitions are constantly changing in Canada and so it is important to consult with family lawyers in Calgary in order to decide which positions to take in your lawsuit. For example, while the ordinary person would consider the word “custody” to mean physical control or possession of a child or a piece of property, the law in respect of children referred to “sole custody” or “joint custody” in respect of which party had the ability to make important decisions in a child’s life. Today, we call that sole or joint decision-making power or ability.

So too, have terms like “prime custodial care”, “primary parent”, “access parent” and “shared parenting” been replaced with “parenting”. Until there is an Order in place to the contrary, each party has joint decision-making ability over their children as well as a joint entitlement to parent the children.

Differences in Parenting

Without an Order, parties would have joint decision-making power and the amount of parenting that the parties agree to apportion between themselves should take into account the practical realities of their employment and the children’s needs. For example, if one party works for significant periods from out of town, it is not practical for each party to have 50/50 shared parenting time with the children.

If the parties can demonstrate the ability to communicate in a cordial manner for the benefit of their children, the Courts are likely to grant joint decision-making power, for major decisions, to both parties. If they cannot, the Court may decide that one party will have sole decision-making power and that person may not even have the requirement to consult with the other party if the acrimony between them is too great.

Expectations of Different Parenting Combinations

Courts take into consideration all of the parties’ circumstances when making a Court Order regarding the division of parenting on a day-to-day basis and when dividing holidays and other special occasions. While 50/50 shared parenting is becoming more and more the norm, one should not enter into a legal process with the expectation that this will always be the case. There is all manner of parenting combinations that a Court could order, including parenting solely confined to a weekend for one of the parties and during the work week for the other.

Even 50/50 shared parenting itself can achieve equality in different ways and does not necessarily mean that children would spend one week with one parent and then switch the next week to the other parent, and so on. Regardless of the amount of parenting granted to each party, that party will have the ability to make non-major, day-to-day decisions pertaining to the children when in their respective care.

How Does Joint Parenting Affect Child Support?

Pursuant to the Federal Child Support Guidelines for Alberta, the amount of child support payable, and by whom, is based on the number of children and the time each party parents the children.

Generally speaking, the party with the least amount of parenting time with the children is responsible for paying child support to the other. That child support will be based on two components:

(1) a monthly amount based solely on the payor’s Guideline Income (what we call section 3 support) and
(2) a monthly amount towards net extra expenses (called section 7 expenses) which both parties contribute towards in proportion to their respective Guideline Incomes.

Changes to Child Support

Sometimes, the amount of child support may change when a party has 40% or more of the total parenting time with the children. Child support may then be based on three components:

(1) a calculation of a monthly amount payable by one towards the other based on each party’s Guideline Income and setting off these calculations so that the higher earning party pays the difference (what we call section 9 support)
(2) a monthly amount towards net extra expenses (called section 7 expenses) which both parties contribute towards in proportion to their respective Guideline Incomes
(3) proportionate sharing of other expenses, including but not limited to such items as school fees, bus passes and clothing.

Why the difference? Well, a party that has the children a greater amount of time for parenting receives a higher amount of child support and is expected to pay out the children’s other expenses from this money. However, if the parties have closer to 50/50 shared parenting, it is inequitable for one party, who is now not receiving a higher monthly child support payment, to be out-of-pocket for these other expenses. That would leave one party disproportionately supporting the children to their financial detriment.

How Can a Child Support Lawyer Help?

While people tend to like cookie-cutter solutions, many family lawyers in Calgary know that child support is not necessarily cut-and-dry when shared parenting situations come into play. Your solution may not be similar to that experienced by a friend or a friend of a friend, etc. Every family is considered unique and a child support lawyer in Calgary can advise what your current entitlements to support may be and how that might change in the future if there is a material change in circumstances. Your lawyer’s goal is to ensure that the amount of child support you receive is what you are entitled to by law whether that is achieved through negotiation or Court application.

Any child support lawyer in Calgary can tell you that custody battles can be an emotionally taxing experience for both parents involved. Knowing and understanding the dos and don’ts of a child custody battle is important to ensure the best outcome for all parties involved. By adhering to the appropriate protocol and steps, you can ensure that your rights as a parent are respected and that your child’s best interests are at the forefront of all decisions. Learn the do’s and don’ts of a custody battle here.

The Do’s & Don’t of Custody Battle By a Child Support Lawyer Calgary

Do’s of a Custody Battle

Regarding a custody battle, certain steps and protocols must be followed to ensure you’re promoting your child’s best interests to heart. Here are some of the dos of a custody battle:

Hire a Qualified Lawyer – The first and most important thing to do in a custody battle is find family lawyers in Calgary. Having a lawyer on your side during this process is essential as they can provide advice and guidance on the best action to take. With family lawyers in Calgary having specialized knowledge of family law, they can effectively provide representation in court and help ensure your parental rights are respected. Plus, by hiring a child support lawyer in Calgary, you can ensure you get much-needed child support from a spouse.
Gather Evidence – It is important to gather evidence to support your case. That can include birth certificates, school records, medical records, and other relevant information supporting your case. Having all this information on hand can make the process of custody filing much smoother and help ensure your rights as a parent are respected.
Remain Calm – The best mindset is to remain calm and composed during a custody battle. The process can be stressful and emotionally taxing. Still, it is important to stay level-headed and logical to ensure that your child’s best interests always come first.
Be Patient – A custody battle can take some time, which is why patience is important throughout the process. The process ensures everything is accounted for in your child’s best interests. With an important decision like this, it’s better to be patient with the Court taking time to deliberate on the matter than be upset by a rushed decision.
Be Flexible – It is important to be flexible during the process of a custody battle. The court may make decisions that are outside your expectations, and it is important to remain open-minded and flexible to ensure that the best outcome is reached for all parties involved.

Don’ts of a Custody Battle

In addition to the dos of a custody battle, certain steps and protocols must be avoided to ensure you don’t end up not getting the rights you want and, worse, not thinking of your child’s interests.

Using Your Child as a Messenger – It is important to avoid using the child as a messenger between you and the other parent. Having parents split up is already tough enough, but it becomes even harder when there is a tug-and-pull between parents. In turn, it creates unnecessary stress that can damage their mental and emotional well-being.
Make Unfounded Allegations – One of the worst things you can do during a custody battle is making unfounded allegations about the other parent. Making baseless allegations can damage the other parent and be emotionally taxing for the child.
Engage in Unnecessary Legal Disputes – It might seem like a good idea to engage in certain legal disputes, but it won’t favour you in a custody battle. Unnecessary legal disputes can be costly, time-consuming, and damaging to the child.
Ignore the Court’s Advice – Nothing ruins your chances in a custody battle than not following the Court’s advice. Depending on the advice, it can damage your child and the case overall.
Violate Court Orders – Even worse than ignoring Court advice is violating Court orders. When these are broken, it ruins your chances in your case since it’s completely negating your child’s best interests.

A big concern when a couple gets divorced is deciding on the custody of their children. The situation becomes even more difficult when there is high conflict between former spouses. Such a predicament can lead to needing a child support lawyer in Calgary to handle a high-conflict custody case. Yet, what does a high-conflict custody case entail? Find out everything you need to know here and what guidance from family lawyers in Calgary can give.

Understanding High-Conflict Custody Cases From a Child Support Lawyer in Calgary

What is a High-Conflict Custody Case?

A high-conflict custody case is a situation where the parents cannot agree on custody arrangements or the sharing of custody. This situation is usually characterized by hostility, distrust, and a lack of communication. The parents may not see eye-to-eye on the children’s best interests and cannot come to a peaceful resolution. In these cases, the court will intervene and make the final custody decision. When a couple is in a high conflict situation, it is important to get the right legal representation to manage the situation. Good family lawyers in Calgary can help ensure that the children’s best interests are considered when making custody decisions.

The Different Types of Custody Agreements

When a couple is in the middle of a high-conflict custody case, it is important to understand the different types of custody agreements available. The four main types of custody agreements are joint legal custody, joint physical custody, sole legal custody, and sole physical custody.

Joint legal custody means that both parents have the right to make decisions regarding the children’s health, education, and welfare.
Joint physical custody means the children will split their time living with each parent.
Sole legal custody means that only one parent has the right to make decisions about the children.
Sole physical custody means that the children will only live with one parent.

A child support lawyer in Calgary can help the parents to determine which type of custody agreement is best for their family.

The Legal Process of a High-Conflict Custody Case

The legal process of a high-conflict custody case is usually long and complicated. The first step is filing a court petition explaining why the couple is seeking a custody arrangement. The court will then review the petition and make a custody decision. After the court has decided on custody, the parents must create a parenting plan outlining the arrangements. The parenting plan should include visitation schedules, child support, communication rules, and decision-making authority. Once the parenting plan is in place, the parents must submit it to the court for approval. If the court approves the parenting plan, it will be legally binding and enforceable.

Role of a Child Support Lawyer in a High Conflict Custody Case

A child support lawyer can play an important role in a high-conflict custody case. Your lawyer can help mediate the dispute between the parents and ensure that the children’s best interests are considered when making custody decisions. Furthermore, they can also help draft a fair custody agreement for both parties and ensure that the agreement is legally binding. Naturally, a child support lawyer can provide sound advice regarding the legal process of a high-conflict custody case and help guide parents through the process. With their expertise, they can help to ensure that the process is as smooth as possible and that the best possible outcome is achieved.

When couples decide to separate, there are a variety of legal issues that need to be addressed. These issues include parenting arrangements, support payments, and the division of assets and debts. The typical legal routes couples take are either seeking a divorce or separation agreement in Calgary. Yet, unlike divorce, is it necessary to hire family lawyers in Calgary to handle a separation agreement? Find out everything you need to know here.

What’s Needed For a Separation Agreement in Calgary

Before seeking a separation agreement in Calgary, former couples must understand what’s required. According to Alberta laws surrounding separation agreements, both parties must equitably address and handle the following issues:

Division of property/assets between you and how and when that will be completed;
Allotment of any family debts between you and who remains responsible for a portion(s);
Parenting time with children;
Child/spousal support.

You and your former partner must be transparent by providing full financial disclosure with financial records to help determine how to split assets. As a legally binding contract, you want to take your time compiling a separation agreement since you may overlook certain unaddressed aspects.

Navigating An Agreement Without a Lawyer

In Alberta, it is legally possible for you and your former significant other to write a separation agreement without needing family lawyers in Calgary. However, you need to ensure its validity. If not, it won’t be considered legal.

The following parts listed are mandatory in current legislation:

A witness for each party’s signature;
Each witness swears an affidavit of witness in front of a commissioner for oaths;
Each party has their own lawyer acknowledging that they provided independent legal advice;
Each party acknowledges that they signed the document separately from the other and were not under any duress in signing.

If you and your former partner miss these requirements, your separation agreement is not legal. That’s why even though you don’t need a lawyer for a separation agreement, it’s generally highly recommended that both parties hire their own lawyer.

The Ramifications of An Agreement Without a Lawyer

A separation agreement is a legally binding contract. It’s important to emphasize this since it is unlikely that a Court would permit you to modify a signed separation agreement in the future. Why is that? From the Court’s perspective, you had ample opportunity to disclose and receive a disclosure at the outset. Without a keen understanding of the law, you can easily overlook important aspects that can impact your rights and entitlements from the present to the future.

When you have a lawyer, they can help ensure that the agreement is fair and balanced and that all relevant topics are addressed. With their expertise, a lawyer can provide proper advice on the legal implications of the agreement and can ensure you understand your rights and obligations. As a result, you can rest assured that your separation agreement is done right and also right by you and your former significant other.

You have separated from your significant other. You are either living separately and apart in the same residence or living physically apart. Time has passed, and you have come to terms with the separation and want to move forward with your life. You know now is the ideal time to take legal steps to settle matters between you. The solution you have come to has led to looking into a separation agreement in Calgary since you can either negotiate it yourselves or with the assistance of legal counsel.

However, not everyone knows how to draft a legal document like a separation agreement.

If you’re wondering where to start in drafting a separation agreement, learn how you can do so here and get it done properly.

Creating a Separation Agreement in Calgary

Addressing Key Issues

As a former couple, various aspects of your lives had become entangled from your time together, such as children and finances. A separation agreement helps to untangle those important aspects, so they’re equitably handled for both parties.

You and your former partner must outline the following issues, as applicable, and include them in the separation agreement:

Division of property/assets between you and how and when that will be completed;
Allotment of any family debts between you and who remains responsible for a portion(s);
Parenting time with children;
Child/spousal support.

As you address each aspect, it’s important to be as detailed as possible. After all, a separation agreement in Alberta is a legally binding contract, so don’t leave any aspect unaddressed, as this contract will guide your rights and entitlements from the present and into the future.

The Right Documentation

Many might assume that writing up any old document is sufficient. However, that is not true. First, you’ll need to look over your financial records and those of your former significant other to determine your assets and start thinking about how and when they may be split. This is called financial disclosure and is a requirement of both parties, whether using a lawyer or not, to draft a separation agreement. Such transparency is imperative, and if you do not do it, it is unlikely that a Court would permit you to modify a signed separation agreement in the future since you had ample opportunity to disclose and receive a disclosure at the outset. Do not skip this step because it takes effort or you “just want to get this done (quickly) and move on with your life”.

Get Legal Guidance

As much as it’s great to have the freedom to create your separation agreement, it’s a fair assumption that you might not know your legal entitlements or how to protect them. You may fail to address an aspect simply because you do not know the right questions to ask. Therefore, it’s strongly recommended to seek legal advice from family lawyers in Calgary. They can explain any unfamiliar legal jargon, review the entirety of your issues, and draft an appropriate and equitable separation agreement.

Plus, family lawyers in Calgary can provide proper proposals for property division, spousal and child support, custody, and parenting and negotiate with your former significant other or their lawyer. A family lawyer’s legal advice is truly crucial in this process.

Essentially, their involvement ensures your agreement complies with the latest legislation and case law to provide as much certainty as possible that your agreement, when signed, is legally binding. You can still draft an agreement yourself. But in that instance, it is highly recommended that you at least consult with legal counsel initially or occasionally as you work towards a resolution with your former significant other.

Signing the Document

Current legislation requires that the agreement must have the following parts to be valid:

a witness for each party’s signature;
each witness swears an affidavit of witness in front of a commissioner for oaths;
each party has their own lawyer acknowledging that they provided independent legal advice;
each party acknowledges that they signed the document separately from the other and were not under any duress in signing.

Any agreement missing these requirements is not legal if you want to draft a separation agreement in Calgary. Additionally, if you have not engaged lawyers to assist in drafting throughout, having independent legal advice is a final assurance you know what you agree to is mandatory. Prices for independent legal advice vary, so be sure to call around to check rates.

There is a brighter future ahead with McLean Legal Family Lawyers. As your dynamic, multi-service family law firm in Calgary, McLean Legal Family Lawyers can offer you personalised legal services tailored to your particular circumstances. We endeavour to resolve matters quickly and with minimal conflict, offering calm, professional, and realistic advice. Given our years of experience in family law, we can assist with your child support, spousal support, divorce, mediation, and separation agreements, as well as civil litigation issues, commercial/corporate services, and real estate transactions. With over 30 years of experience and success, we’re the Calgary family lawyers that offer you a brighter future. Book your free consultation by calling 587-353-2632.

There is some public confusion regarding their legal rights when getting a separation agreement in Calgary.

You can expect legal rights or entitlements to be the same as a divorce. However, how they can be applied often differs from one couple to another. Understanding these differences is key to navigating the right approach when separating from your partner.

Learn Canada’s legal rights so you know what to expect from the process!

What is a Separation Agreement?

According to the provincial government of Alberta,” a separation agreement is a contract between parties who are separating or divorcing.” In other words, a separation agreement isn’t limited to married couples but also includes common-law couples.

Generally, when drafting a separation agreement, it will involve outlining each party’s entitlements on certain issues, which may include:

Parenting and guardianship of children;
Child/spousal support;
Division of property/assets;
Apportionment of any family debts.

Separation agreements are known for giving former couples the freedom to create their own solutions. However, for a separation agreement to be considered legally binding, it must be written with a witness to each party’s signature and a certificate of independent legal advice from each party’s lawyer. Verbal agreements simply won’t be sufficient. Each party must be informed of the law and the case law pertaining to the issues they seek to resolve.

Creating a legally binding separation agreement can be difficult for couples to do themselves; that’s why it’s highly recommended to have family lawyers in Calgary create a separation agreement instead. As you can appreciate, without the aid of lawyers, things can be missed. Assumptions made about what is or is not included, words can be misinterpreted, and it can be costly to fight these matters in Court when they could easily have been avoided.

Why Get a Separation Agreement?

If you’re separating from a partner, or have already done so, many assume that automatically means one is getting a divorce. That is not necessarily true or at least not right away. There are various reasons why people opt to create and sign a separation agreement first instead of filing for divorce right away.

For couples with children, a separation agreement is more amicable than the divorce process – which can be a trying time for children and their parents. Seeking a separation agreement as a process is often quicker and less expensive than fighting each individual issue you have between you in Court.

Furthermore, a separation agreement benefits married couples who wish to live their own lives without one another but can remain married.

What Legal Rights Exist in Separation?

Before you can draft a separation agreement, you should be aware of when you can do so. You would need to demonstrate or acknowledge that you have been separated physically or, due to lack of resources, living your own life in the same house as your former partner.

Even though you don’t need to go to court for a separation agreement, it’s still as legally binding as a Court Order. But to enforce it, it needs to be converted into a Court Order. All of the settlements made by the parties are meant to be upheld without variation except regarding children. Since their support and parenting arrangements can change if there’s a material change in circumstances, spousal support, in some cases, may also be capable of changing. So it’s wise to seek out legal advice on these topics.

Whether you conclude a separation agreement through mediation, with the assistance of lawyers, or perhaps both, you can have peace of mind that your issues have been resolved amicably and economically and set the conditions for the new future you are embarking on.

Mediation’s clear appeal is that it is a non-confrontational process that doesn’t involve the Courts. Yet, those considering mediation in Calgary worry about engaging in it. This worry stems from fear and misunderstanding of its associated costs and not from a lack of faith in the benefits it can provide.

Understanding the cost of mediation in Calgary is crucial to know whether it’s worth the price to pursue it.

What Mediation Offers

What can you expect out of mediation? Firstly, mediation in Calgary is voluntary. Both parties must agree to participate – no one can be forced into it. Once agreed, both parties can expect help from an unbiased third party to help them resolve their dispute.

Typically, all mediation processes are confidential, known legally as “without prejudice” communication. Anything said during mediation stays in the mediation. Nothing will be divulged to anyone other than the parties involved and the mediator (the neutral third party). The mediator starts the process by hearing from both parties, determining their positions and interests, and encouraging them to find compromising or creative solutions.

This approach is meant to guide the two opposing parties to a solution they come up with instead of the mediator imposing one upon them, unlike arbitration.

The Price of Mediation

The price of mediation in Calgary can vary depending on the lawyer or other qualified mediator you hire. It’s prudent to make some calls and research thoroughly to compare rates and online reviews. This way, you can agree on a mediator with the experience and temperament to help you and budget for the process’s costs.

Before you compare rates, however, it would be good to know the average range of costs. Generally, you can expect to pay around $300.00 to $500.00 per hour. Other expenses, like the mediator’s location, might impact the cost upwards or downwards.

Why Choose Mediation?

At first glance, the cost of mediation in Calgary might seem pricey. An ordinary person who has never been involved with the legal system and has no past experience comparing it to others might deem it as such. However, when you stack it up against other ways of settling disputes, mediation is a rather quick and cost-effective option.

For example, if you measured mediation against litigation. The financial costs, time to start to access mediation, and the time to participate are much less. Disputes are resolved more civilly. The outcomes should be a balance of both parties’ positions where everyone leaves with their dignity intact.

Suppose you hope to save on legal costs and obtain a reasonable settlement from family lawyers in Calgary. In that case, you can bet mediation is a viable option to consider to help you move forward in the direction you want to take your life.

When it comes to legal procedures, there are avenues that you can take to facilitate the resolution of disputes and obtain out-of-court settlements.

You can either choose between arbitration, mediation, or a combination of the two approaches. However, before proceeding on this course, you must understand the differences between the two before reaching out for either arbitration or mediation in Calgary.

See how you can find the best one for you!

How Mediation & Arbitration Differentiate

What is Arbitration?

Arbitration involves both parties agreeing to bring in a neutral person or even a panel to make a concrete decision for you. The process allows the neutral arbitrator(s) to weigh in on the facts presented by both parties, any case law, and, if applicable, from the parties’ lawyers prior to rendering a decision. That decision will explain the reasoning behind it, backed by any applicable case law. These decisions are binding, as if they were an Order or Judgement of the Court, and can be filed at the courthouse and enforced. Arbitration holds a lot of power; it can order specific actions to be taken by both parties, issue an injunction, determine child or spousal support, and make monetary awards amongst other relief.

Arbitration agreement and gavel on a desk.

What is Mediation?

Like arbitration, mediation involves using a neutral third party to help to resolve a dispute. However, that’s where their similarities end. Unlike arbitration, the goal behind mediation is to resolve conflicts by hearing out both parties and encouraging the parties themselves with creating compromising, creative solutions. The mediator isn’t the one to come up with the final decision to resolve the dispute. They act more as a guide to lead both parties to a solution that works best for them and their family.

Which to Choose?

Arbitration or mediation are both brilliant choices for settling disputes. Neither one is better than the other, but one of them can cater to your facts and your family better than the other. If you’re hoping for a more amicable, informal approach to settling your problems, then mediation would be in your best interest since it endeavours to satisfy both parties. Settlement should aim for resolutions where neither party “wins” but each leaves with a resolution they can live with.

However, if you’re hoping to settle matters more formally, the arbitration will ensure a sound, a law-backed decision is made and enforced. Lastly and alternatively, it is possible to engage in both mediation and arbitration in Calgary; with this alternative, if parties cannot be assisted in finding a solution themselves, arbitration kicks in to achieve a decision.

Coming to the realization that you want a divorce is not easy. Yet, coming to that conclusion is the first step to obtaining a divorce.

How can you start the process? Divorce is already hard enough – there is no need to make it harder by becoming stressed out and not knowing where to begin.

Before searching for any divorce lawyers in Calgary, review this blog for guidance in navigating the divorce process.

What to Do to Get a Divorce

Review Grounds for Divorce

You first need to understand the grounds for divorce in order to be permitted to obtain one. According to the Divorce Act in Canada, there are three grounds for divorce.

Do any of these apply to you?

1 Year of Separation
Adultery
Cruelty (mental, physical or both)

Unhappy married couple disputing in divorce lawyers office.

Organize Your Finances

Filing for divorce isn’t cheap. Court filing fees are typically around $260, nevermind the cost of a lawyer. You will need to be mindful of what an equitable distribution of marital assets and debts might look like; not what you, yourself, think is fair. It is imperative that you have some funds set aside to pay for your divorce or apply for Legal Aid if you qualify. Since all divorces are different, there is no real set price on how much it would cost – however, a good lawyer can help you to manage expectations, recommend realistic steps and try to keep you within budget.

Gather Necessary Documents

The circumstances of your marriage can influence what you may need to do when filing for divorce. One divorce case may require more documentation than another. Do you have children? If so, you will be required to take the Parenting After Separation course and possibly need additional forms to illustrate the proper child support calculations. For the most part, you will mainly need financial documentation of your income, and that of your spouse’s,which will include tax returns, notice of assessment, pay statements and other materials.. You can easily find any required forms online at the Court of Queen’s Bench of Alberta.

Seek Legal Counsel

Technically, you can file for divorce yourself, but few normally do. Representing yourself in an attempt to reduce legal costs usually isn’t worth it since you can risk shortchanging your case from your lack of familiarity with the law and the step-by-step process required. It’s best to reach out to a professional primarily practicing in divorce and family law. A lawyer from a good family law firm in Calgary can help guide you through the document production process properly and assist you in obtaining the most out of your divorce case.