What does Joint Custody mean in Alberta?

Joint custody disagreements are very common during divorce proceedings and can be emotionally charged discussions. We recommend hiring a divorce lawyer if you and your spouse are having disagreements regarding your child custody arrangements. This article is not intended to act as legal advice but briefly goes over what joint custody means in Alberta.

In Alberta, a child is any person under the age of 18 and their custody or access are governed by

The federal Divorce Act when the parents are legally married and have started divorce proceedings under the Act; and
Alberta’s Family Law Act is available to both married and unmarried couples with children.

Sorting out the legalese

The legal jargon varies between Canada’s federal laws and Alberta’s provincial laws. The terms “access” and “parenting” refer to rights for parents to have time with the child in federal and provincial laws respectively.
Whereas custody relates to the ability of a parent to make daily and major decisions in relation to their child including their living arrangements and parenting schedules. The overarching principle in both laws are that all decisions involving the child are made in the child’s “best interests” factoring in their physical, psychological and emotional safety.

Joint custody: The most common arrangement

Joint custody is the most common arrangement in Alberta and ensures both parents have a clear voice in critical decisions regarding their child. The success of joint custody arrangements is highly dependent on the co-operation of both parents.

In most cases, joint custody is agreed upon by parents where the child’s best interests are always placed as the priority. In the absence of a parenting agreement or order, “joint custody” is the de facto arrangement where both parents make decisions about the child together and are entitled to spend time with them.

The parent with whom the child(ren) spend most of their time has “primary care and control” and from a practical perspective makes day to day decisions involving them. The other parent has “access” which means they spend time with the children and is responsible for day to day decisions when they are with them. For instance, the child could live with one parent 90% of the time and both parents still have joint custody, based on a joint decision to enable the child going to one school.

There are some rare situations where sole custody may be preferred. Even in such cases, the parent without custody may still have access to the child.

Determination by the Courts

If two parents can mutually agree on guardianship arrangements after separation, it is always helpful to document this understanding in a legally-binding parenting agreement. This written contract will address a variety of decisions including where the children will live and how each parent will care for and make decisions for the child, in their best interests. It takes into account practical considerations. It’s recommended each parent seek independent legal advice before signing a parenting agreement and the agreement can be made enforceable by filing a Consent Order with the Court.

In cases where parents cannot reach a mutual agreement or scenarios involving family violence and abuse, a judge can issue a Parenting Order. The Courts can determine custody according to a few key factors including but not limited to:

Primarily, the best interests of the children;
Each parent’s physical, mental and emotional health;
Child’s wishes, particularly after the age of 12;
If one guardian is intimidating the other or preventing them access to the child;
Potential for abuse or harm; and
More

The judge will apply the law depending on the circumstances of both parents and their ability to take decisions in the best interests of their child. Typically, even if one parent is granted “primary care”, the other parent can see the child and enquire about their care and well-being, depending on the circumstances.

Speak with an Edmonton family lawyer today regarding your parenting arrangement needs

At Verhaeghe Law Office, our Alberta family lawyers are experienced in assisting families navigate the legal complexities surrounding joint custody disputes. To better understand how we can assist with your parenting arrangements – contact our law firm today by calling 587-410-2500 and speak directly with a member of our legal team.

Note: This blog offers general information for your convenience and does not constitute legal advice. Family law can be complex and you’re encouraged to seek legal advice to better understand your rights and responsibilities as well as the rights of your children.

Child Custody: What the Courts Consider When Applying for a Mobility Application

While divorce proceedings and child custody disputes can be emotionally taxing – this process can bring about significant changes to each spouse’s lifestyle post-divorce. In fact, more often than not, we’ve seen many instances where one spouse may choose to relocate to another city, province or country following a divorce due to their change in economic or financial status and take the children with them.

In a situation like this where one parent wishes to pursue a significant relocation with a child – a mobility application is required. The Alberta Courts will always put a child’s best interests first and as a result – the parent seeking to relocate with the child will be required to offer reasons as to why relocating with the child is in their best interests. For more specific examples of what items are taken into consideration by judges during a mobility application, read the decision made by the Supreme Court of Canada in Goertz v. Goertz.

Some of the things Alberta courts will investigate include, but are not limited to:

What the child wishes to do
Schooling
Where the child will live (residence)
Whether childcare requirements will be sufficient
Support system that will be available including extended family
Employment opportunities and/or new income
In some cases psychological assessments
And more

If a mobility application is requested and granted – the stay-behind parent will still be granted access to the child(ren) providing he/she is entitled to child custody as well.

Mobility applications and pre-existing child custody court orders

In some cases there may be a pre-existing custody court order that enforces the parent who has primary custody and intends to relocate with their child to notify the other parent within a specified time frame of the upcoming move. The Divorce Act requires that the notifying parent outline the proposed change of residence, the time when the change will be made as well as the new place of residence of the child.

Be mindful though these court orders can be contested by an opposing parent and if you’re in a similar situation we encourage you to seek legal counsel from an experienced Alberta divorce lawyer regarding this. For example, if you are against your children relocating with your former spouse there are legal options that you may be entitled to. You may be eligible to file an application to oppose the proposed move and commence court proceedings asking for a judge’s order to prevent your former spouse from moving with the children.

If no such court order exists, then we recommend speaking with your spouse to come to an amicable arrangement and if that doesn’t work out – then definitely seek legal counsel so that both sides can come to an arrangement that works for both parties.

What happens if one parent moves the children without consulting the other parent?

In a situation like this – it is possible to start a court application to have the children returned to their original place of residence and to have child custody arrangements changed over to the other parent. A family lawyer can assist with this process and will make sure that the presiding judge will be equipped with all facts and that the children’s best interests will remain a priority throughout the proceedings. In most Canadian legal jurisdictions – child custody is seen more as a child’s right to access the parent as much as a parent’s right to access the child. Having a family lawyer involved can make sure you are informed of all your legal rights as a parent and help you navigate the complexities of Alberta’s family law guidelines.

Speak with an Edmonton family lawyer today regarding your mobility application

At Verhaeghe Law Office – our Alberta family lawyers are experienced in assisting families sort out their divorce and separation needs. To better understand how we can assist with your child mobility application needs – contact our law firm today by calling 587-410-2500 and speak directly with a member of our legal team.

Joint Divorce: An Amicable Solution

Divorce in Alberta, CA, can take three forms. It can be contested, uncontested, or joint divorce. The three types of divorce are different, but all effectively end a marriage. Most couples are unaware of the option of joint divorce, the least acrimonious of the three. At Verhaeghe Law Office, we encourage you to be aware of all of your options for ending your time with your spouse. For legal guidance throughout the divorce process, call one of our expert lawyers at
587-410-2500.

Grounds for Divorce

Under the federal Divorce Act, a divorce will only be granted on the grounds that there has been a breakdown of the marriage, meaning the spouses have lived separate and apart for at least one year before beginning divorce proceedings, one spouse has committed adultery, or one spouse has treated the other with physical or mental cruelty.

Three Types of Divorce

Contested Divorce

In a contested divorce, the spouses disagree on some or all aspects of the divorce. The dispute may include the actual divorce, division of assets, custody, or support. In a contested divorce, both parties must retain lawyers and file the appropriate documentation to the court. This type of divorce generally takes longer than the others due to court proceedings. Both parties are encouraged to settle prior to trial, but if a settlement is not reached, a judge will make decisions on the issues in dispute and grant the divorce. The divorce is final 31 days after it is granted.

Uncontested Divorce

An uncontested divorce is one in which the spouses agree on the issues associated with the divorce. There is no formal filing for an uncontested divorce, rather one party files for divorce and the other does not Answer within the allotted 30 days after being served. Failure to file an Answer makes the divorce uncontested. The applicant then files an Affidavit of Service, swearing that the other party was served with the appropriate divorce application forms, an Affidavit for Divorce, and any other materials associated with the proceedings. A judge will grant the divorce, which will be final in 31 days.

Joint Divorce

A joint divorce is the most amicable form of divorce. To use a joint divorce process, at least one of the parties must have been a resident of the Province of Alberta for one year prior to filing the Joint Statement of Claim for Divorce, and the basis for the divorce is only the breakdown of the marriage by living separately for one year. Cruelty or infidelity cannot be used as grounds for a joint divorce even if both parties agree on all matters regarding the separation. In joint divorce, neither spouse is suing the other for divorce. Both parties apply for a divorce together and sign the Notice of Family Claim. The spouses cooperate and work together during the process of the division of assets, custody, access, and other matters. This is the case in which the divorce process is the fastest and both parties are equally empowered in decisions.

Filing for Divorce

Divorce is an emotional process for all parties. Even in joint divorce circumstances, it is important to have legal representation to ensure the division of marital assets, child custody arrangements, access to the children, support, and all other items are fair and equitable. The lawyers at Verhaeghe Law Office are experienced and knowledgeable in all areas of family law, including divorce. Call 587-410-2500 to set up a consultation today.

How Alberta business owners calculate child support

Divorce and/or separation proceedings can be an emotional and complicated process for all parties involved. It can be even more challenging for business owners as there are additional considerations unique from most other divorces. When divorce proceedings include business owners – the calculation of child support payments can become a rather complex and challenging process. In situations like this, we recommend you consult with a divorce lawyer to review what your options are as well as answer any complex questions you may have with regards to your divorce and subsequent child support payments.

The Federal and Alberta Child Support Guidelines are two legal frameworks designed to provide guidance on financial support payments. However, as a business owner some sections of these frameworks may or may not apply to you during your divorce proceeding and requires individual legal advice and interpretation to your unique and individual situation. For example, if you are a business owner that is married – the Federal Child Support Guidelines may be used to govern child support calculation whereas if you are not married, the Alberta Child Support Guidelines may be used as a reference point to calculate child support payments. Both the Federal and Alberta Child Support Guidelines make sure that regardless of your marital status and as a business owner – the courts will be looking very closely at the amount that you as a business owner are claiming as an expense. Hiring an experienced family lawyer to help reduce the complexities of your case as they pertain to child support payments is highly recommended in a situation like this.

The Alberta Child Support Guidelines

The Alberta Child Support Guidelines require parties to disclose things like income, debt, assets, expenses and other relevant financial information as they pertain to divorce proceedings. In the case of business owners, chartered professional accountants or chartered business valuators can assist business owners with providing this information as they relate to divorce proceedings as well as inform the relevant party as to what their options are.

The Federal Child Support Guidelines

The Federal Child Support Guidelines are a set of guidelines that explain how financial assistance for minor children will be calculated. Additionally, it serves to fulfill four major objectives including:

Establish a fair standard of support for children that they continue to benefit financially even after both spouses have separated
Reduce conflict and tension between spouses by making the child support calculation process more objective
Improve efficiency of the legal process as they pertain to child support calculations
Ensure consistent treatment of spouses and children

What Information Is Required To Prove Income During Child Support Deliberations?

During divorce proceedings – a business owner may be required to provide extensive financial documentation. The purpose of providing documentation on the below items is to assist with the assessment of the required child support amount. Some of the required documentation may include:

Business financial statements
Earnings slip
Tax returns
Re-assessment records
Insurance as it pertains to your business
Workers compensation information if applicable
Disability information if applicable
Public assistance records if applicable
Partnership information
Trust settlement records
Pre-tax income records
And more

If you are a business owner and believe you need to dispute the amount of child custody payments you are required to make then contact our Edmonton law office today. There are too many complexities to discuss here with regards to child support payments as a business owner and it’s best to seek legal assistance regarding your individual situation.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous business owners embattled in child custody payment disputes. Where things can get complex in a situation like this is when business finances become embroiled with personal finances which may leave the justice system to interpret your financial situation very differently than how Canada Revenue Agency does. We encourage you to seek legal counsel if you are a business owner and are about to or are currently going through divorce proceedings and especially if there is a debate on the child custody payments you are required to make. We can help you prepare and work towards an expeditious and reasonable payment arrangement as we help navigate you through your divorce proceedings. Contact us for a consultation today by calling 587-410-2500 and speak directly with one of our Edmonton divorce lawyers.

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. Child support calculations are best supported by legal advice based on your specific circumstances. This blog offers a general overview and does not constitute legal advice.

We encourage you to seek legal advice for answers related to your divorce and/or family law questions.

Divorce from a Woman’s Perspective

If you’re considering ending your marriage, make sure you’re basing your decision on facts, not misconceptions, about how divorce works in Canada. Both men and women may have false beliefs about the proceedings and outcomes prior to and during divorce. Before beginning the process, call Verhaeghe Law Office at 587-410-2500 for a consultation to ensure your understanding of the divorce process. This is part one of a two-part blog. Part one focuses on divorce from a woman’s perspective.

Divorce Act

In Canada, the Divorce Act is the federal law that addresses issues related to couples in the process of obtaining a divorce or are already divorced. To get a divorce, you must establish breakdown of a marriage. This includes living separately for at least one year before divorce proceedings, or the spouse being sued for divorce has committed adultery or physically or mentally abused the other spouse.

From Wife to Single Mom

Deciding to pursue a divorce, especially when you have children, is a difficult and emotional decision. We see divorces play out in television shows, movies, and fiction. In many instances, these portrayals are inaccurate and contain information that can be very misleading.

For example, you may have seen the scenario played out in which the husband has an extramarital affair which gives the wife an advantage in court when deciding matters of custody, alimony, or child support. While an affair establishes breakdown of a marriage to qualify for divorce, the fact that a husband has been unfaithful does not hold any bearing on the division of property or child custody.

Another oft-used plot device in dramatic television is the “marriage trap.” Your husband refuses to sign divorce papers, so you cannot divorce. In truth, you do not need your spouse to agree in order to obtain your divorce. If you’ve satisfied the grounds for divorce set forth by the Divorce Act, or if you have not lived with your spouse for a full year or more, you can file an application for a contested divorce, in which your husband does not need to sign.

Custody & Division of Assets

You have worked hard on your career during your marriage. You’ve saved and invested wisely. Your husband tends to spend more than he saves. Don’t go into these proceedings believing you have an edge because of your good financial habits. Unless you have a marriage contract, drawn up by a lawyer, that states that your finances are to remain separate from your spouse’s in case of dissolution of your marriage, your money isn’t safe. Your assets will be considered together and shared between you.

Don’t go from filing for divorce to the car dealership to buy that luxury car while you still have shared assets. It may seem like a good idea at the time, but ultimately it won’t be a benefit. Once you’ve filed for divorce, you are prohibited from making big purchases of liquidating assets.

Another myth that is commonly believed is that mothers always get custody of minor children. This is never a guarantee. Custody is determined by the best interests of the child. Several factors go into determining the “best interests,” but simply being a mother is not one of them.

Your Best Advantage

Don’t assume that as a woman, wife, and/or mother, you will have leverage over your husband during any part of the divorce process. Your best advantage during divorce, division of property, spousal support, and child custody is to hire an experienced family court lawyer. The lawyers at Verhaeghe Law Office in Alberta, Canada, have the knowledge and background to help you understand the court processes and obtain the best possible outcomes. Don’t go into court unprepared. Call us today. +1 587-410-2500

What is a collaborative divorce?

In a collaborative divorce – both parties work together to come to mutual agreements that are settled out of court. Simply put – a good divorce. Many Albertan families turn to collaborative divorce as an option for their divorce proceedings in an effort to keep it seamless and productive.

How does collaborative divorce work?

First, you must find an experienced Edmonton collaborative divorce lawyer and meet privately with them to discuss your case.

Your spouse and you will then sign an agreement where you agree to provide full disclosure on any information that pertains to the divorce proceedings. In collaborative divorces – you may even have the option to work with mental health professionals and financial planners if you may benefit from these services throughout your divorce proceedings. Meetings are then conducted between the couples as well as their selected collaborative family law lawyer to define the terms and expectations of each partner. At the end of the process – both parties have defined resolutions regarding financial issues, parental issues as well as the division of assets. Once a common census has been reached – your collaborative family lawyers will then draft paperwork for signature from both parties making the resolutions legally enforceable. If you are in need of a collaborative divorce lawyer – contact our law firm today for an initial consultation with one of experienced Edmonton family lawyers.

Who can use collaborative divorce?

Collaborative divorces can be used in various circumstances. For example, they can be used in:

Short and long-term marriages
Common law relationships or same-sex relationships
Marriages that involve or do not involve children
Marriages with unique cultural or religious views
When negotiating cohabitation agreements or pre-nuptial agreements

In certain situations – collaborative divorce may not work. For example, if your partner has a history of abusive or dominating behaviour, drug or alcohol problems or someone who is not as into the spirit of working peacefully together as you are – collaborative divorce is not recommended. We recommend you consult with an experienced divorce lawyer about your unique situation prior to coming to a decision on your own as to whether a collaborative divorce is right for you or not.

How we can help with your collaborative divorce

Collaborative divorces can be highly effective because it a process that is customized to divorcing couples rather than a court-driven process that individuals must conform to. It is a process that can empower couples to come to an agreement that resolves your unique circumstances and needs expeditiously.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous clients with their divorce proceedings and family law matters and a member of our legal team would be pleased to speak with you. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter. All consultations are kept confidential.

For more information, please contact Renn Spence, a Registered Collaborative Family Law Lawyer by clicking here or by calling Renn directly at 587-409-5064, email Renn@freedomlaw.ca

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers to your divorce and family law questions.

Collaborative Family Law in Alberta

What is Collaborative Family Law?

Dispute resolution in family matters can be both emotionally and financially stressful for all parties involved, especially when one or both parties are hesitant about going through court processes and the effect it may have on the outcome of their divorce matter.

Collaborative Family Law was introduced into the legal system as a response to the growing dismay with the drawbacks of litigation and its adversarial nature as it relates to helping families resolve disputes. A senior family lawyer in Minneapolis founded a valuable alternative called Collaborative Law which spread across the United States and eventually into Canada. It is now widely recognized in Alberta as a low-cost alternative to high stress or highly contentious divorces.

What is the objective of Collaborative Family Law?

The main basis of Collaborative Family Law is the common understanding between both parties and their respective lawyers that they will resolve their matters without the threat of going to court and that the spirit of compassion and integrity remains as an overarching goal in an effort to produce a “good divorce”. A “good divorce” in this situation refers to legally enforceable divorce related agreements between both parties that are achieved in a timely and amicable matter. This offers a more affordable solution that preserves the social and emotional well-being of the family members involved while avoiding a potentially stressful and costly litigation process that may not serve either party’s interests in the long-term.

How does the Collaborative Family Law Process work?

In Collaborative Family Law – the first step remains in finalizing the Participation Agreement. The Participation Agreement is a document that outlines a set of terms and processes where all parties commit to the Collaborative Law process and its principles. Parties commit to full disclosure and a complete exchange of information to ensure a fair and objective negotiation. This helps provide a proper examination on both parties’ individual and common interests. With the help and guidance of Collaborative family lawyers, each party will be guided on what’s considered reasonable. There will also be an emphasis on approaching the other party with empathy and understanding regarding their respective concerns. Only if necessary, outside experts may be jointly retained with the mutual agreement of both parties. Such expertise could range from accountants, independent evaluators, therapists, etc. to help aid the participants throughout the process.

To ensure the commitment to an out-of-court process is the primary objective and to avoid any conflicts. If one of the parties ultimately decides to enter Court proceedings, then the respective collaborative family lawyers for each party resign. Their withdrawal ensures no further renumeration on the case and both parties have to seek new counsel to support the litigation process. Unless mutually agreed to by the parties, any experts retained during the Collaborative Family Law process cannot be used during the court proceedings.

These principles foster an open and constructive environment for collaborative negotiations so both parties can trust they are undertaken in good faith and both their best interests are placed as joint priority.

The emergence and rapid growth of Collaborative Family Law is motivated by the high demand from families seeking a more productive, private and dignified way of resolving emotionally-charged disputes while supported by a neutral framework including qualified legal expertise. It provides an environment where both parties and their lawyers can keep their priorities intact while tabling their independent and common interests in order to find a solution amenable to the entire family.

What are the benefits of Collaborative Family Law?

The benefits to clients in the collaborative process typically include reduced expense and faster results with respect to setting forth terms regarding division of assets, financial matters and child custody matters. The Collaborative Family Law process also fosters a spirit of openness and cooperation that generally leads to a commitment to a constructive negotiation environment. Typically, there is less posturing and showmanship than you would typically find in a traditional family law negotiation with the threat of Court proceedings looming overhead.

The process typically involves a series of face-to-face meetings between the parties with their collaborative family lawyers present. By being present and engaged, the party has a lot more control and involvement in the process which contrasts greatly with what one typically feels in Court proceedings.

This presents the client with a growth opportunity to role model in cases where children are involved, taking personal responsibility and benefiting from a face-to-face collaborative process. It also avoids putting the outcome into the hands of a Judge who despite being well-trained is still a stranger to the personal family dynamics and individual situations of both participants.

What role does the lawyer play in a Collaborative Family Law process?

The main role of a retained collaborative family law lawyer is to provide expert advice regarding an out-of-court resolution that is negotiated in good faith with mutually-agreeable outcomes and terms. Collaborative Family Law processes are not immune to highly-charged emotions and differing viewpoints so a well-trained Collaborative Family Law lawyer is equipped to understand both sides and steer all parties accordingly. Registered Collaborative Family Law practitioners in Alberta have mandatory training which includes mediation, interest-based negotiations and Collaborative Family Law. Their primary objective is to steer all parties in reaching an amicable settlement.

A common misperception is whether a client’s personal needs will be prioritized. Each collaborate family law lawyer will help identify their party’s interests and aim to reach an agreement that satisfies these interests alongside the other parties (i.e. win-win solutions, where possible). Although the broader objectives of both parties and their lawyers are to work collaboratively as a team, each lawyer’s foremost duty is to their client offering guidance on what’s reasonably expected under the circumstances.

There are a suite of resolution options that may be identified by the parties in conjunction with their family lawyers and the final agreement will capture solutions deemed mutually acceptable by both parties. The cornerstone to the process is a respective environment that maintains the dignity of both parties involved and strives to have each party understand the other’s concerns. Ultimately this leads to increased satisfaction with a final and fair outcome.

How Children Can Benefit From Collaborative Family Law

Collaborative Family Law may be an especially attractive alternative when the relationship involves children as it provides a chance to separate in an amicable fashion and demonstrate to the children how it was handled the least adversarial way. More importantly, this pathway helps both parties prioritize and provide for their most prized common interest- their children. There are numerous statistics that outline the emotional effect and toll divorces can have on children – and ending your divorce in an amicable and respectful way may reduce the emotional impact on children as opposed to lawn drawn out battles in the courtroom.

Should I consider the Collaborative Family Law process?

Divorce is already difficult enough for not just the partners involved but their families as well. Removing the additional stress of a courtroom process is typically recommended so long as both parties have a willingness to embark on the process in good faith.

Avoiding the rigid formula-driven framework of the Courts, also provides a greater degree of flexibility to identify creative win-win solutions for both parties involved. Both you and the other party will feel a larger degree of control over the process than what might be available to you in traditional Court proceedings. You will still benefit from having legally-trained experts steering you through the process and handling expectation management on both sides.

A Collaborative Family Law process is an attractive pathway to achieve timely and affordable results between two parties committed to the process. The length of time is dictated by the willingness of both parties to support the process as the timing, location and frequency of meetings are determined with mutual agreement of all parties.

If you are interested in handling the issues stemming from your divorce through Collaborative Family Law you will likely save significant time and money while mitigating emotional harm to family and loved ones. If you reside in the Province of Alberta – then we strongly recommend you hire an Alberta based or Edmonton Collaborative Family Law lawyer today to review your case to see if Collaborative Family Law may be an option for you. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

Contact Our Edmonton Collaborative Family Law lawyers

At Verhaeghe Law Office – our Edmonton Collaborative Family Law lawyers have helped numerous clients with their Collaborative Family Law matters for many years. We take pride in the fact that we aim to resolve your family law disputes in a timely and cost-effective matter. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

For more information, please contact Renn Spence, a Registered Collaborative Family Law Lawyer by clicking here or by calling Renn directly at 587-409-5064, email Renn@freedomlaw.ca

*Please note the content in this blog does not constitute legal advice as every case is unique from one another. We encourage you to seek legal advice for answers related to your divorce and/or family law questions.

What Is The Difference Between An Annulment and A Divorce

An annulment is a court order that is issued which states your marriage did not exist or was not valid. It’s different from a divorce because a divorce legally ends a valid marriage that existed previously. Whereas in an annulment – the marriage ends immediately.

If you are considering obtaining a marriage annulment in Alberta, you must know that it’s best to discuss this with a family lawyer that practices in Alberta. Annulments are not always issued and can only be done in certain circumstances. For example:

If your spouse was already married to another person when they entered marriage with you
You married your spouse under duress or if someone threatened you physically
You were intoxicated by either drugs or alcohol during your marriage ceremony
You perceived you were marrying someone when in fact they were someone else
If the person you marry is unable to consummate the marriage
If you were under the age of 18 when you got married and did not have your parent’s consent
In some cases a church or an authoritative religious body might grant an annulment which is different from a legal annulment
You and your spouse are too closely related
The essential formalities required to certify a marriage were not present during your marriage ceremony such as two witnesses

Legal Responsibilities Regarding Annulments

If you decide to pursue a marriage annulment – this does not mean that the individuals will not be regarded as spouses or parents under Alberta provincial laws. Both spouses can bring forth claims against one another on matters such as the division of property and assets, spousal support, child support or custody and guardianship matters. When the courts grant an annulment, they may also issue financial, distribution of property and custody Orders for both children and the other spouse. However, we strongly recommend you speak with an Edmonton divorce lawyer prior to making a decision as to whether you are better suited to end your marriage through an annulment or through a regular divorce.

Religious Annulments versus Legal Annulments

There are also differences on foreign annulments and religious annulments. For example, religious annulments do not legally unbind the marriage and are only valid within the religion itself. In Alberta and most other Canadian provinces – only a judge can legally declare an annulment between the spouses therefore you still need to go through legal channels to process your annulment, so it is considered valid within your legal jurisdiction.

We Can Help You With Your Annulment in Alberta

If you are still unsure of whether to pursue an annulment of marriage versus a divorce – we recommend you contact an Alberta based family lawyer who can help you with your family law proceedings. There are many advantages and disadvantages to both obtaining an annulment versus obtaining a divorce. Contact our law firm today and speak with an experienced divorce lawyer regarding your possible options and which avenue might be best suited to your unique and individual circumstance.

At Verhaeghe Law Office – our Edmonton family lawyers have helped numerous clients with their divorce proceedings and family law matters for many years. We take pride in the fact that we aim to resolve your family law disputes in a timely and cost-effective matter. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your family law matter.

Pet Custody Disputes in Divorce Proceedings

Those of us who are lucky enough to own pets, understand how pets eventually become an integral part of the family unit where we can develop strong emotional attachments with them. But what happens to pets when couples decide to separate and/or divorce? Individuals who are either contemplating or are pursuing a divorce may be shocked to find out that governing family laws in Alberta regard pets as property. The Family Law Act entitles both spouses to equal rights when it comes to family property. This entitlement extends towards things such as land, shares, money, financial plans, partnership interests and more.

While there is no legislation that definitively governs the division of pets – the courts have witnessed an increasing trend where people see their pets as more than just a possession or property. The Province of Alberta’s Matrimonial Property Act allows the courts to decide how property is divided between divorcing spouses. When divorcing couples cannot agree on who claims custody or ownership of the pet(s) after a divorce, the courts will take numerous factors into consideration when deciding matters on pet custody disputes.

For example, the courts will consider things such as whether the pet was brought into the relationship prior to marriage where it may be considered as excluded property and will remain with the individual who originally purchased the pet. If, however the pet was purchased after marriage – the courts will look at things such as who paid for and contributed most to the care of the pet both financially and physically. In Telep v. Telep 2012 BCSC 2092 – both parties had two dogs. The judge ordered that both dogs be given to the husband because the judge believed the husband had a more of a sincere emotional attachment to the dogs. In both of these situations, the laws are not determinative and many of the factors that go into making a decision in these matters can be challenged.

The courts do recognize that under some circumstances, pets may be equivalent to children for certain couples. In situations such as this, the courts will either recommend joint custody or encourage both parties to come to an amicable solution on their own. The agreed upon solution may be in the form of a written agreement that satisfies both spouses and would include things such as visitation schedules and rules regarding how costs for pet care will be shared.

For example in Boulet v. Rushton 2014 NSSC 75 – the court dealt with the divorcing couple’s dogs by creating an access schedule that both spouses had to abide by. Boulet was considered the primary caregiver of the dogs and Rushton would have care of the dogs two days a week. The Court of Appeal has seen cases brought forth where couples disagreed with pet custody matters and this is something that can be very costly as well as avoidable. Having legal counsel on your side with respect to your divorce proceedings may help reduce or eliminate pet custody disputes before they even start.

What makes pet custody disputes rather challenging is that sometimes it is difficult for the courts to understand the emotional attachment humans can have with their pets. Furthermore, because there are no definitive rules when it comes to pet custody – the courts generally will recommend both parties come to an amicable solution on their own. That’s why we recommend seeking legal counsel if you and your partner/spouse cannot come to an agreed upon solution with respect to your pet(s).

If you find that you and your partner or spouse cannot come to an amicable solution on your own with respect to the custody of your pet(s) – we recommend you contact an Alberta based family lawyer who can help resolve your pet custody dispute amicably as well as timely.

At Verhaeghe Law Office – our Edmonton divorce lawyers have helped numerous clients who have been embattled in pet custody disputes. We understand that pets are considered family and will work towards an expeditious solution with respect to your pet custody dispute. Contact us for a consultation today by calling 587-410-2500 and speak directly with an Edmonton divorce lawyer regarding your pet custody dispute.

Bill C-78 & How It Might Impact Divorce Law

In May 2018, Bill C-78 was introduced in the House of Commons. This Bill would represent significant changes to the divorce laws with a focus in avoiding drawn-out and expensive court battles. In divorces, many times it’s one party taking another to court, which already creates an adversarial situation. To add salt to the wound, the slowness of the courts drags the painful process out. This Bill attempts to streamline the process and reduce the frustration of both parties.

Proposed Changes

The Bill would update some language to make it less adversarial. For instance, changing “custody” and “access” to “parenting orders” and “parenting time.”
Another change would push lawyers and paralegals to encourage family-dispute resolution services rather than the court systems.
This proposal would make it easier for people to collect support payments.
Creating better criteria to help define the best interest of the child and establishing guidelines when one parent wants to relocate with a child.
Finally, the proposed changes would give courts measures to address family violence.

The Best Interest of the Child

Currently, there is no federal guideline as to establishing the best interest of the child, which has led some law professionals to turn to the Children’s Law Reform Act. For instance, this Act replaced the terms “mother” and “father” with “parent.” Also, four people can agree, in writing, to be the parents of the child, among many other changes covered in the Children’s Law Reform Act.

Another aspect often overlooked when examining the best interest of the child is how one spouse supports the other parent's relationship with the child. This Bill would replace the existing “maximum contact” principle with “maximum parenting time.” What does that mean? It means courts must rule that a child should have as much time with each spouse as is consistent with the best interest of the child. The court must also consider each spouse’s willingness to support the development and maintenance of the child’s relationship with the other spouse.

Redefining Family Violence

Bill C-78 is attempting to define family violence as more than just physical violence, but also emotional and sexual violence as well. These additions give lawyers and mediators guidance by providing more factors to take into account when establishing a parenting plan. These plans outline how decisions about the child are made, how information is shared between parents, when each parent will spend time with the child, and how other parenting issues may be addressed.

Overall, many are lauding Bill C-78 as a step toward modernizing divorce laws throughout Canada. It would be the first such update in nearly 20 years with the proposal attempting to promote faster and lasting solutions regarding family law disputes.

At Verhaeghe Law Office, our team always stays up-to-date on the new family laws impacting our clients. If you need legal representation, give our team a call at 587-410-2500. We can help you.