Going through a divorce can be a very difficult process. While many desire an efficient and satisfactory outcome, this is not always true. Family law cases can go on for extensive periods if the issues are complex or the parties do not agree on several matters. If the parties proceed through litigation, it may take a long time for the matter to reach trial as there are often many matters before the court. Divorce proceedings can be uncomfortable, so many choose to leave the matter for a later time. However, if a party is not making advances to their family law litigation, their case can be dis ..read more

Child support, including retroactive child support, is the right of the child. However, some payor parents may struggle to pay for retroactive and ongoing child support. It is not uncommon for retroactive child support to be several thousand dollars. The court can consider whether paying child support would create an undue hardship for the payor parent. However, a finding of undue hardship is often a difficult test to meet. It may be overturned on appeal, as in a recent Alberta Court of Appeal case, Henderson v. Micetich, 2021 ABCA 103. In this article, we discuss the court’s considerations fo ..read more

Preparing for a divorce or separation is never an easy task. However, retaining an experienced family lawyer to guide you through the process and take action on your behalf can considerably help to reduce your stress. The first meeting you have with your lawyer will be important to give them a big-picture view of your circumstances and help determine the best course of action as you move forward. This meeting will be much more productive and helpful to you and your lawyer if you have the information on hand that will be most helpful at the start of the process.  Below, we will review vari ..read more

Family law disputes can take a toll on the participants for many reasons, including the time and energy required to participate in ongoing litigation or arbitration with a former spouse. However, these disputes can also have a significant financial impact on the respective parties. When the matter covers a wide range of issues, or the situation is particularly complex or high-conflict, litigation or arbitration can cause each party to incur a lot of expenses, including lawyer fees and third-party expenses, such as experts.  For example, a party may be required to hire a financial expert ..read more

When people talk about prenuptial agreements (or marriage contracts, as they’re called in Canada), they often think these are documents reserved for the extremely wealthy who need to protect vast family fortunes before tying the knot. However, this is a myth. A marriage contract is something any person getting married should consider making before they take the plunge, as a way to protect themselves in the event the marriage breaks down at some point in the future. Nobody likes to think about such things when they’re engaged and in love; it may seem crass or pessimistic to consider the possibi ..read more

When making the decision to blend two existing families, particularly when one or both people in the relationship have minor children, there are several unique legal considerations that may come into play. It is important for both the parent and stepparent to fully understand the various legal consequences of the union when it comes to one another’s children so that they can properly plan ahead.  Below we will outline some of the most common legal questions that can arise with respect to blended families, ranging from estate considerations to child support obligations and custody and acce ..read more

When it comes to matters related to separation or divorce for parents, parenting time can be one of the most difficult to resolve. This can be true when the parents live in the same city. However, when one parent looks to move to a different city, province, or country, a whole new series of disagreements can arise. Such a situation was recently presented to the Court of Appeal of Alberta, where the father of two children said the trial judge did not properly apply the best interests of the children in issuing an order allowing the mother to move from Alberta to British Columbia. He was looking ..read more

A recent family law decision out of Ontario is gaining attention for the court’s determination that the parties were common-law spouses despite one party’s insistence that they were merely roommates. This determination was made when deciding on the issue of entitlement to spousal support. However, the case also raises another question, due to a tangential fact mentioned as part of the pair’s history together. Specifically, whether domestic violence can have an impact on the duration or obligation to pay spousal support. Court Uses Documentary Evidence to Classify Parties as Common-Law Spouses ..read more

The dangers faced by those violent relationships are far too well-known. So much so that the provincial government established Alberta’s Family Violence Death Review Committee in 2013 to study the trends and risk factors when domestic violence leads to death. In a study, the Committee found that there were over 160 deaths in the province between 2008 and 2017 due to domestic violence. While Canada has legal protection options in place for those who feel they are at risk due to intimate partner violence, such as emergency protection orders, these options are often engaged as a reaction in an ur ..read more

March 1st, this past Monday, marks the date that the first major overhaul of the country’s federal Divorce Act in over twenty years took effect. While there have been small changes here and there, the recent amendments are wide-ranging and result in sweeping changes affecting several aspects of family law. The primary focus of the changes is to better consider the best interests of children in all aspects of family law, from mobility and parenting issues to the language we use. Below, we will provide an overview of the notable changes now in effect across the country. Parenting Language Gets a ..read more