FAQ

ADR refers to processes like mediation, arbitration, and negotiation that help resolve disputes without going to court. In Alberta, ADR is commonly used in family law matters to address issues such as parenting arrangements, support, and property division in a more collaborative and less adversarial manner.

Common types of ADR in Alberta include:

• • Mediation: A neutral third party facilitates discussions to help the parties reach an agreement.
  • Arbitration: A private decision-maker (arbitrator) hears both sides and makes a binding decision.
  • Collaborative Law: Both parties and their lawyers work together to negotiate an agreement without court intervention.

Arbitration is more formal than mediation. In arbitration, both parties present their case to an arbitrator, who acts like a private judge. The arbitrator makes a binding decision that both parties must follow. Mediation, on the other hand, is a collaborative process where the parties retain control over the outcome.

ADR is suitable for most family law issues, including parenting arrangements, child and spousal support, and property division. However, it may not be appropriate in cases involving domestic violence, power imbalances, or situations where one party refuses to participate in good faith.

If ADR does not result in an agreement, the parties can proceed to court for a resolution. The discussions and proposals made during ADR are typically confidential and cannot be used as evidence in court, allowing parties to negotiate freely during the ADR process.

Child support is a legal obligation requiring one parent to provide financial assistance to the other parent for the care and upbringing of their child after separation or divorce. In Alberta, the parent with the majority of parenting time (the parent the child lives with most of the time) typically receives child support. Even in shared or joint parenting arrangements, child support may still be payable, depending on the income levels of both parents and the time the child spends with each. The goal of child support is to ensure that children continue to receive the same level of financial support they would have had if the family unit remained intact.

Child support is calculated using the Federal Child Support Guidelines, which provide a standardized approach based on the paying parent’s annual income, the number of children, and the parenting arrangement. Income is typically verified through documents such as tax returns, Notices of Assessment, and recent pay stubs. The guidelines also account for shared custody situations and may adjust amounts if parenting time is split equally or nearly equally. This ensures that child support reflects the realities of each family’s circumstances while maintaining fairness and consistency.

Yes, child support orders or agreements can be adjusted if there is a material change in circumstances. Examples of such changes include a significant increase or decrease in the paying parent’s income, a change in the parenting arrangement (e.g., the child begins spending more time with the other parent), or the child’s specific needs evolving over time. Either parent can apply to the court to vary the child support amount or negotiate a revised agreement. Regular reviews of child support arrangements are encouraged to ensure they remain fair and aligned with the current situation.

Section 7 expenses, also known as special or extraordinary expenses, are additional costs that go beyond the basic child support amount. These include items like childcare, post-secondary education, medical and dental care not covered by insurance, and extracurricular activities such as sports or music lessons. In Alberta, these expenses are typically shared between parents in proportion to their incomes. For example, if one parent earns 70% of the combined income, they would pay 70% of the Section 7 expenses. These costs must be reasonable and necessary, taking into account the child’s needs and the parents’ financial circumstances.

If a paying parent fails to meet their child support obligations, Alberta’s Maintenance Enforcement Program (MEP) can step in to enforce the court order or agreement. The MEP has several enforcement tools, including garnishing wages, seizing bank accounts, suspending driver’s licenses, and even restricting passports. The program ensures compliance with child support payments and reduces the financial strain on the receiving parent. If payments are not being made, it’s important to contact the MEP promptly to initiate enforcement measures and protect the child’s financial security.

Spousal support, also known as alimony, is a financial payment made by one spouse to the other after separation or divorce to reduce economic hardship. In Alberta, eligibility is determined based on several factors, including financial dependency during the marriage, income disparity, and contributions made to the household or career of the other spouse. Either party in a marriage or adult interdependent partnership may be eligible for spousal support.

 The duration of spousal support depends on the length of the marriage or partnership and the specific needs of the recipient. A common rule is that support lasts for half to one year for every year of the relationship, though this varies. In long-term relationships or cases where the recipient cannot become financially independent (e.g., due to age or health), spousal support may be indefinite.

 Yes, spousal support orders can be varied if there is a significant change in circumstances. Examples include a substantial increase or decrease in income, the recipient becoming financially independent, or changes in the recipient’s living situation (e.g., remarriage). Either party can apply to the court to adjust the amount or duration of support. Courts prioritize fairness when considering variations.

• Compensatory spousal support compensates a spouse for sacrifices made during the marriage, such as career sacrifices to care for children.
• Non-compensatory spousal support addresses financial hardship resulting from the separation, even if no specific sacrifices were made.

Courts may combine these types of support depending on the circumstances of the case.

You can apply for spousal support by filing a claim with the Alberta Court of Justice or negotiating an agreement with your former spouse. It’s essential to provide documentation of your financial situation, including income, expenses, and assets. Legal representation can help ensure the application is thorough and aligns with Alberta law. Mediation or arbitration may also be options to resolve spousal support disputes without going to court.

The Divorce Act outlines three legal grounds for divorce in Canada:

• • Living separate and apart for at least one year (the most common ground).
  • Adultery by one spouse.
  • Cruelty, including physical or emotional abuse, that makes continued cohabitation intolerable.
    Most divorces in Alberta are filed on the basis of separation, as it is the least contentious.

No, in Alberta, courts require that issues related to parenting, child support, spousal support, and property division are addressed before granting a final divorce order. These matters can be resolved through negotiation, mediation, or court intervention. Addressing these issues ensures that the divorce is comprehensive and fair.

The timeline depends on whether the divorce is contested or uncontested. An uncontested divorce typically takes a few months, provided all paperwork is complete and accurate. A contested divorce may take a year or more, depending on the complexity of the issues and court schedules.

Divorce does not automatically affect immigration status. If a spouse was sponsored for permanent residency, their status is not revoked upon divorce. However, sponsors remain financially responsible for their sponsored spouse for the duration of the sponsorship agreement. It’s important to consult an immigration lawyer for specific concerns.

 In an uncontested divorce, both spouses agree on all key issues, such as parenting, support, and property division. This type of divorce is faster and less costly. A contested divorce occurs when spouses cannot agree, requiring the court to make decisions. Contested divorces often take longer and involve higher legal fees.

Parenting time refers to the time a child spends with each parent, including daily care and interaction. Decision-making responsibility, previously referred to as custody, involves the authority to make important decisions about the child’s upbringing, such as education, healthcare, and religion. Both parenting time and decision-making responsibility are focused on the best interests of the child, ensuring they maintain a meaningful relationship with both parents

Courts in Alberta prioritize the best interests of the child when deciding parenting arrangements. This includes factors such as the child’s physical, emotional, and psychological needs, their relationship with each parent, stability in their living environment, and each parent’s ability to care for the child. Any history of family violence or substance abuse is also taken into account. The court’s goal is to create an arrangement that supports the child’s well-being and development.

A parenting plan is a written agreement between parents outlining how they will share parenting responsibilities after separation or divorce. It typically includes details about parenting time, decision-making responsibilities, holidays, and communication between parents. While not mandatory, a parenting plan can reduce conflict and provide clarity, and Alberta courts often encourage parents to create one. If parents cannot agree, the court may impose a parenting order.

 If a parent violates a court-ordered parenting arrangement, the other parent can apply to the court for enforcement. Possible remedies include make-up parenting time, fines, or other court-imposed consequences. Consistently failing to comply with a parenting order may also lead to a reassessment of the parenting arrangement.

If parents cannot reach an agreement, they may seek mediation, arbitration, or collaborative law to resolve disputes. If these options fail, the matter can be taken to court, where a judge will determine parenting arrangements based on the best interests of the child. Alberta courts encourage out-of-court solutions whenever possible to reduce conflict and stress for the child.

Domestic violence refers to any abusive behavior within a family or intimate relationship, including physical, emotional, sexual, financial, or psychological abuse. It also encompasses threats, harassment, or coercive control. Alberta courts take domestic violence seriously, prioritizing the safety and well-being of victims, particularly children.

Victims of domestic violence can seek legal protections such as Emergency Protection Orders (EPOs), restraining orders, or Queen’s Bench Protection Orders. These orders can impose conditions on the abuser, such as no-contact provisions, restrictions on proximity to the victim, and mandatory removal from the shared home

 An EPO is a court order designed to provide immediate protection for victims of domestic violence. It can be obtained 24/7 by contacting the police or applying through a Provincial Court. EPOs are granted when there is evidence of immediate danger to the victim or their children. They are typically temporary and reviewed by a judge of the Alberta Court of Justice within a set timeframe.

 A restraining order is broader and not limited to immediate danger. It can be sought in the Alberta Court of King’s Bench and often applies to ongoing harassment or threats. Unlike EPOs, restraining orders require a more detailed legal process and are not limited to family or intimate relationships.

Violating a protective order, such as an EPO or restraining order, is a serious offense in Alberta. Police can arrest the violator and press criminal charges. Courts can impose penalties, including fines, jail time, or additional restrictions. Victims should report any breaches immediately to the police to ensure enforcement.

The division of property involves dividing the assets and debts acquired during a marriage or adult interdependent relationship. In Alberta, the Family Property Act governs this process, aiming for an equitable distribution of property between spouses. Equitable does not always mean equal—it considers individual circumstances and contributions.

Property acquired during the marriage or partnership is generally subject to division, including homes, vehicles, savings, pensions, and debts. Certain property, such as gifts, inheritances, and pre-marital assets, may be considered exempt if they were kept separate. However, the increase in value of exempt property during the relationship may be subject to division.

The value of property is determined as of the date of separation or a court-specified date. Accurate valuations are critical, and professional appraisals may be required for complex assets like businesses, pensions, or investment properties. Both parties are legally required to provide full financial disclosure to ensure a fair division.

Debts incurred during the marriage are generally divided alongside assets. This includes mortgages, credit card balances, and loans. Alberta courts consider who benefited from the debt and each party’s ability to repay when determining an equitable division. Pre-marital debts typically remain the responsibility of the individual who incurred them.

Yes, a valid prenuptial agreement (or cohabitation agreement for common-law partners) can outline how property will be divided in the event of a separation. Alberta courts will generally enforce such agreements as long as they are fair, signed voluntarily, and comply with legal requirements, including independent legal advice for both parties.