FAMILY LAW
Alberta Family Law
In Alberta, there are laws that relate to child support (money) and access or parenting (previously referred to as custody). These laws are the same for married couples and unmarried couples. The laws found in the Divorce Act and the Family Law Act pertain to married couples. For unmarried couples, only the Family Law Act applies.
The jurisdiction in which the child habitually resides determines which laws apply. For example, if a child lives with his father in Alberta but visits his mother in Manitoba for a month, Alberta law applies.
The courts will always consider the best interests of the child(ren) when making decisions.
Property Division
Prior to January 1, 2020, property division legislation was found under the Matrimonial Property Act, and only applied to married spouses; unmarried couples relied on different legal doctrines and common law to determine property division.
On January 1, 2020, the Matrimonial Property Act was renamed the Family Property Act, and now applies to Adult Interdependent Partners as well as married spouses. This means that Adult Interdependent Partners can now make property division claims, much like married individuals.
The new legislation provides clearer guidelines for adult interdependent partners with respect to the breakdown of a relationship, exclusive possession of the family home, and property ownership and division.
Property division can be a complicated and confusing process. We'll help you sort through your options, and can provide legal referral services if we are unable to assist.
Mandatory Processes
King's Bench
As of December 18, 2023, if you are self-represented and you decide to make an application in the Court of King’s Bench in Calgary or Edmonton related to family matters, including obtaining or changing:
- decision-making responsibility and parenting time
- child and spousal support
- guardianship
- contact with a child
- family property division
, you must adhere to the court's "pre-court mandatory requirements", as follows:
- Completing the online Parenting After Separation Course (PAS) if there are dependent children;
- Meeting with a Family Court Counsellor (FCC) if there are dependent children;
- Providing Financial Disclosure; and
- Participating in an Alternative Dispute Resolution (ADR) process.
There are some exceptions to these mandatory requirements, which are meant to streamline court processes and decongest Alberta's family courtrooms. Please refer to the court's website or contact us for more information.
Provincial Court
If you are self-represented and decide to make an application in Calgary or Edmonton in Provincial Court under the Family Law Act for:
- parenting
- guardianship
- contact
- enforcement of time with a child
, you must attend an Intake Appointment with a Family Court Counselor through the Resolution Services Department.
Even if your matter is urgent, you will still need to go through the intake process. Once you've completed the applicable mandatory process described above, we'll be happy to help!
Click here for more information regarding the intake process.
Types of Divorce
If you are legally married and considering a divorce, the following information may prove helpful.
An uncontested divorce means that you and your spouse agree on all the important areas such as where the child(ren) will live, when each parent will have time with the child(ren), child support, spousal support (if there is a dependent spouse), and property division. In an uncontested divorce Application, the other party must be served with or sign off on the Divorce Judgment.
A contested divorce means that there are disagreements about the child(ren), financial support, and/or property division. Contested divorces can take much longer to complete.
We can assist with document preparation irrespective of divorce type, but obtaining legal advice and/or representation from an experienced lawyer is highly recommended if children and/or property are at stake.
Parenting After Separation
If you have a child or children under the age of 16, you must complete the Parenting After Separation (PAS) Course and provide the Certificate of Completion with your Divorce package and/or Application under the Family Law Act.
This course will help you understand how separation and divorce can affect your child(ren). It can easily be completed online, or you can register to do it in person.
To get started on the PAS Course, click here.
Divorce Requirements
To file for divorce in Alberta, you:
- must have been separated for more than 1 year (you can start the process at any time, but can't complete the process until more than 1 year has elapsed)
- cannot have reconciled for a period longer than 3 months (otherwise the 1 year clock restarts)
- must have been a resident of AB for at least 1 full year
You'll need:
- the original marriage certificate (if married in Canada)
- full copies of any & all written agreements (i.e. support, custody/decision making, parenting time, separation etc.) relating to the matter
- full copies of any & all court orders relating to the matter
If there are children, you’ll also need:
- proof of income for both parties (whether or not there’s already an agreement in place with respect to child support)
- a child support review memo
If you require assistance with your family matter, please contact us!
Revisions to the Divorce Act
Revisions to the Divorce Act (Canada) came into effect on March 1, 2021. At that time, it had been more than 20 years since any substantial updates to the Act had been made. The revised Act’s four key objectives are to promote the best interests of the child/ren, address family violence, help reduce child poverty, and to make the family justice system in Canada more accessible and efficient.
There are now specific factors that a court needs to consider in determining what is in a child’s best interests, including but not limited to:
- the child’s physical, emotional and psychological well-being and safety
- the nature and strength of the child’s relationships with parents, grandparents, and other important people
- the child’s views and preferences
The terminology that is now used has moved away from “custody and access” to more neutral wording such as “decision-making responsibility” and “parenting time”.
If there is a change of residence or relocation by anyone who has parenting time or contact with a child, there are new mandatory notice provisions to ensure that those who share responsibilities for the child share key information about a potential move.
Under the revisions, courts now must also take into consideration any family violence, which includes violence, threats, a pattern of coercive/controlling behaviour, causing a family member to be fearful for their safety, and directly or indirectly exposing child to such conduct.
There are now also more tools to establish and enforce child support, and provisions to reduce the need for expensive court costs. These changes are meant to help reduce child poverty.
More streamlined mechanisms have also been created with the new revisions, including streamlining provincial child support administrative and recalculation services, interjurisdictional child support proceedings (within Canada), and encouraging the use of alternative dispute resolution processes.
Given these revisions to the Divorce Act, it’s important to use the updated forms and terminology when filing your documents. To avoid rejections and frustration, contact us!
