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In order to file for a divorce in Alberta, an individual or both parties’ can apply at the Court of Queen’s Bench of Alberta by visiting a courthouse, or hiring a firm to do so on their behalf.
Yes, regardless of where the marriage occurred, the parties can file for a divorce in Alberta so long as they meet the requirements.
No, there is not in Alberta. Regardless of the circumstances that broke the relationship, the parties still have rights to a division of family property.
The date of separation/the date cohabitation or marriage ceased is not when the parties moved away from living together - it is when the parties stopped cohabitating together as a couple, regardless if you still live in the same house. Some examples to determine the date would be when the parties stopped cooking together, doing household chores together, sleeping together, going out together, or lived an individual life style.
No, it does not solidify your marriage. A separation agreement is simply a settlement made between the parties on how they are parting ways regarding family matters, such as property, finances, children, etc. In order to end your marriage, the parties would have to file for a divorce decree, through the Courts.
Yes, there is no time-line, however, it is recommended to complete a separation agreement as soon as possible as the parties may start accumulating assets or incurring debt; and to make sure claims on assets and/or responsibility on debts are waived, then it is best to complete a settlement right away.
If the parties are in agreement, and the requirements have been met, then it takes anywhere from 2-4 months for a divorce to be granted by a Justice of the Court from the time the full package is filed (subject to change).
If neither party disagrees to the divorce or the claims within - this is where the divorce is uncontested.
Examples are: if the spouse's file for a joint divorce application together, and both sign; or if a party files a divorce application solely and the other party agrees to sign or if they do not file a dispute.
You can file for a divorce application solely in Alberta as the Plaintiff, and the claim must be served to your Spouse (which would be the Defendant in the case) by a third-party. Once the claim is served, the Defendant would have 20 days if residing in Alberta, 30 days if residing in a different province, or 60 days if residing outside of the Country, to file a response. If the Defendant files a response, the parties must come to an agreement, or go through Court in order to finalize the divorce. If the Defendant does not file a response, then the Plaintiff can file a “Noting in Default” against the Defendant and finalize the divorce without them.
In Alberta, you are able to file for a divorce on your own, however, you should consult a lawyer if you have any outstanding issues, or concerns in regards to division, and, in order to ensure you know your rights and obligations. We can assist you in completing your divorce, and as long as both parties are amicable and agreeable, then no lawyers are required, and no need to appear in an Alberta Court.
Yes, indeed! We work with both parties together by providing Mediation, completing a Separation Agreement, arranging Independent Legal Advice (ILA) with our third-party lawyers, and filing for a divorce application.
- A separation agreement is a legal contract made between parties when separating to ensure each individual is protected within their assets and liabilities. A waiver on claims to family property, parenting matters and spousal support are dealt with in a separation agreement.
- A divorce, is simply filing an application at the Courts to solidify your marriage from one another. Matters involving children, such as parenting arrangements and child support are handled in the divorce, along with spousal support, if applicable.
A legally binding agreement is where both parties have obtained Independent Legal Advice (ILA) in regards to the terms and conditions within their agreement. ILA can only be provided by a lawyer.
Independent Legal Advice is given when your lawyer tells you what the law entitles you to, given the facts of your situation; and before you can get that advice, the lawyer needs a certain amount of information about your relationship, particularly about each party's financial position.
It can be, but the decision would ultimately be made by a Justice of the Court. When you sign your agreement with Independent Legal Advice, you are signing with your lawyer to state that you are freely and voluntarily signing the agreement. If you have a concern otherwise, or you feel forced by your spouse, then the time to bring this up would be with your lawyer.
When the parties have come to a dispute on certain matters and cannot resolve the issues themselves, they may require the need of a third-party to arrange and assist in negotiating the disputes so they can come to a common ground - this is where a Mediator can assist and help parties.
- A cohab agreement is made for couples who do not plan on getting married; - A prenup agreement is made for married, or plan to be married couples.
Post-nuptial (aka, post-nup) is another term for Prenuptial/Prenup - it is an agreement that the parties create after marriage that outlines protection/division of matters in case they cease their relationship, or enter into a divorce.
It is a payment made by one party to the other to ensure the children are financially supported when they separate. Child support is a legal obligation, and the amount to be payable is calculated using a formula (Federal Child Support Guidelines) which is based off parties’ incomes, parenting arrangements, and the number of children.
Yes, as per the Federal Child Support Guidelines, the party with the higher guideline income may still be obligated to pay child support to the other party.
Yes, there are alternative methods to calculate child support without receiving income verifications. Once this has been determined, then the party can apply at Court directly - or if filing for a divorce, can seek the matter be dealt within.
Spousal Support (aka, “Alimony” or “Partner Support”) is money paid by one party to the other once a marriage/relationship has ceased in order to keep a similar standard of living.
Spousal support is not an automatic payment just because the parties were together and now they are not. Entitlement to receive spousal support is based on three factors:
If spousal support is payable, then it is a matter of determining the amount, and the duration you are entitled to receive payments for.
Spousal Support: is a payment made by one spouse to the other to support them financially in the event they were/are not able to do so;
Child Support: is a payment made by a parent with the higher income to the parent with the lower income to support the Children financially and pay for their basic needs of life.
*Precedence is given to child support over spousal support.
If you have an agreement that is legally binding and enforceable then you may take that to Court to make an application on unpaid child support/spousal support, or if you have a Divorce Judgment or any other Court Order that has granted support, then you can proceed to use the Maintenance Enforcement Program to help you collect unpaid support.
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This website is for informational purposes only. DivorceEZ is a company registered in Alberta that offers paralegal services and mediation; and as such, we cannot provide any legal advice.
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