Family Law

Family Law in Calgary

Family law deals with issues that arise between partners — both married and common-law — including cohabitation agreements, prenuptial agreements, child support, parenting arrangements, spousal or partner support, division of assets, separation agreements, and divorce.

If you are considering cohabitation, marriage, or separation from your spouse or common-law partner, contact a family lawyer who will provide you with legal advice regarding your rights and obligations. We offer support in both English and Spanish.

Financial Disclosure — Form FL-17

To have the proper advice, your lawyer will review financial disclosure from both partners as required by Form FL-17. This form requires each party to provide financial information including tax information, pay stubs, assets and liabilities with supporting documentation, and a monthly budget (if spousal support is an issue).

Cohabitation Agreement

A Cohabitation Agreement is an agreement between two people who are living together or planning to live together. It is a written agreement signed by both parties, each with independent legal advice from their own lawyer.

The Family Property Act of Alberta contains specific requirements for binding agreements. You and your partner must each acknowledge, in front of your independent lawyers, that:

  • Each is aware of the nature and effect of the agreement;
  • Each is aware of the possible future claims to property under the Family Property Act of Alberta and is willing to give up those claims to the extent necessary to give effect to the agreement; and
  • Each is executing the agreement freely and voluntarily without any compulsion on the part of the other spouse.

A Cohabitation Agreement is not enforceable in a court of law unless you have received independent legal advice from a lawyer. Cohabitation Agreements do not apply after marriage unless there is a clear intention in the Agreement to that effect.

Prenuptial Agreement

A Prenuptial Agreement is an agreement between two people who are planning to get married. It is a written agreement signed by both parties in advance of the date of marriage.

A Prenuptial Agreement sets out the rights and obligations of each partner in the event of separation — including division of assets and liabilities and spousal support — instead of leaving them to the Court to decide.

The same requirements under the Family Property Act of Alberta apply as with a Cohabitation Agreement (see above).

A Prenuptial Agreement is not enforceable in a court of law unless you have received independent legal advice from a lawyer.

Child Support

Alberta's Family Law Act governs child support for children of unmarried parents and married parents in non-divorce situations. The federal Divorce Act governs child support for children of married parents who are divorcing.

There are two types of child support obligations:

  • Section 3 (base/table support) — monthly support based on the Guideline Income of the parents and the parenting arrangement.
  • Section 7 (special and extraordinary expenses) — expenses such as tuition, medical costs, extracurricular activities, and child care, apportioned between parents based on their respective incomes.

These obligations may continue even after children turn 18 if they are unable to withdraw from their parents' care due to illness, disability, being a full-time student, or other cause.

Guideline Income

The Guideline Income is the income used to determine child support. For most salaried employees, the starting point is Line 150 on their CRA T1 General (section 16 of the Federal Child Support Guidelines). If a party is self-employed, a Guideline Income may be imputed — for example, where the payor is intentionally under-employed, unreasonably deducts expenses, or derives significant income from dividends or capital gains taxed at a lower rate.

Maintenance Enforcement Program (MEP)

MEP is a free Government of Alberta program that enforces child support, spousal, and partner support orders. Either the payor or the recipient can register the court order with MEP. If you need assistance obtaining a court order for child support, contact Legal Edge to learn how we can help.

Spousal Support or Partner Support

Spousal or Partner Support is a financial payment from one partner to the other who is legally entitled to support, based on compensatory or non-compensatory entitlement.

The non-binding Spousal Support Advisory Guidelines suggest an amount of periodic support based on the partners' gross incomes, the number of years the partners lived together, and any childcare expenses.

Division of Assets

If there is a valid Cohabitation or Prenuptial Agreement, assets will be divided pursuant to the terms of that Agreement upon separation.

If there is no valid agreement and the parties separated after January 1, 2020, the assets of Adult Interdependent Partners and married couples acquired after beginning a relationship of interdependence will be divided in accordance with the Family Property Act, RSA 2000, c F-4.7.

The following are examples of assets that may be exempt from division:

  • Gifts from a third party to one party
  • Inheritances of one party
  • Property owned by one party at the time of marriage
  • Personal injury / tort damages
  • Proceeds of an insurance policy

Adult Interdependent Partners (AIP)

Under Alberta's Adult Interdependent Relationships Act, two people are Adult Interdependent Partners if they live together in a relationship of interdependence: for at least 3 years; or for some permanence (and less than 3 years) if the couple has a child; or if they have entered into an adult interdependent partner agreement. A relationship of interdependence means a relationship outside marriage where two people share one another's lives, are emotionally committed to each other, and function as an economic and domestic unit.

Separation Agreements

A Separation Agreement can be entered into by Adult Interdependent Partners and married couples who have separated. It deals with decision-making responsibilities, parenting time, division of assets and liabilities, and partner or spousal support.

The same requirements under the Family Property Act of Alberta apply as with a Cohabitation or Prenuptial Agreement — both parties must receive independent legal advice for the agreement to be enforceable.

Divorce

There are three types of divorce:

  • An uncontested divorce
  • A joint divorce
  • A contested divorce

Contact Legal Edge to discuss which type of divorce applies to your situation and how we can guide you through the process.