At E&T Legal, we understand that representation for most family law matters, including child and spousal support, child custody and access matters, matrimonial and family property division, and separation and divorce requires attention to detail, custom care and customized support and guidance tailored to provide you with family law services that fit your unique needs. If you are filing for a divorce or separation, or are facing legal issues within a common law relationship or domestic partnership, you need to hire a legal team that will work to understand your interests and represent you accurately.
There are countless reasons why parents, guardians spouses and grandparents may choose to seek help from a family lawyer:
In Canada, Divorce matters are governed by the Divorce Act which allows for a divorce order to be granted following a marriage broken down which commonly involves the parties living separate and apart for 1 year amongst other things such as;
The Family Property Act of Alberta allows parties to settle the division of property any way they see fit, provided that their agreement is in writing and that each party has independent legal advice.
The law says that all of the assets and debts that are accumulated during the time the spouses were married should be divided 50-50. This includes, but is not limited to, homes, businesses, bank accounts (whether joint or separate) including any investments and pensions. There are however some exceptions to this rule. Assets that were inherited, gifts from third parties, and money received by one spouse in a settlement during the relationship may be exempt from the 50-50 rule.
Parties may also enter into written agreements regarding the division of their assets when entering or terminating a common law or non-marital relationship.
This allows parties to arrive at agreements regarding the division of their property at the end of their relationship(separation agreement), or to set the rules for how their property would be divided, should the relationship end (i.e. a prenuptial or cohabitation agreement).
Spousal support, or alimony as it is often refereed to, is money paid from one former/separating spouse to the other during or after a divorce or separation. The amount of spousal support is typically dependant on multiple factors which include:
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