When family disputes arise, the things you care about the most including your children, your home, and your financial assets are at stake. Don’t face these situations alone.
At Tarrabain Law our family law lawyers possess the expertise to give you the peace of mind you need whether mediating on your behalf or drafting family agreements in line with your best interests.
Divorce and Separation
When you file for divorce or separation, the courts of Alberta encourage you to come to some type of agreement outside of the courtroom. However, there are times when an agreement is impossible to achieve without some court intervention.
Working with the family lawyers at Tarrabain Law for your divorce or separation can divert some of the pain and frustration that is often encountered in these situations. Your divorce lawyer will take all necessary steps to help you get a positive resolution for matters including:
- Child custody and parenting time arrangements
- Child support
- Spousal support
- Living arrangements and exclusive possession
- Family assets and financial divisions
- Emergency protection orders/restraining orders
Child Custody / Parenting
The Alberta courts take into consideration a number of factors when determining custody and parenting time of children impacted by divorce or separation. The primary focus of the Court is what is in the Child’s best interest, and this involves a fact-based assessment which is unique for each child.
Our skilled family lawyers have experience working with parents, guardians, and other individuals, such as grandparents to help coordinate and negotiate parenting and access time with the child, to work out mutually agreeable parenting schedules, and negotiate terms and conditions on parenting, when appropriate.
Our client-first approach focuses on the unique needs of each family, and your family lawyer will assist you in understanding each step of the process, whether that is litigation or helping you prepare a parenting time plan and mediate your case with the other party.
Our compassionate family lawyers place your child’s best interests first to ensure the impact of your divorce or separation is minimized in their day to day lives.
Child support is the right of a child and is determined based on a parent’s reported income and the Federal Child Support Guidelines dictated by the Divorce Act. Child support is characterized as either s.3 support, which is paid monthly and goes towards the child’s daily living expenses, or s.7 support, which is for extraordinary expenses and is generally paid on a percentage based on the parent’s respective incomes.
In some cases, the amount of support dictated by the Federal Child Support Guidelines is not appropriate. In assessing how much support each parent owes, the Court will consider a number of factors such as the custody and parenting arrangement, whether a parent is self-employed, and other payments being made by the parents towards the child’s wellbeing.
Our skilled family lawyers will help you to assess your child support obligations and address any factors or considerations which are unique to your case.
Spousal or Adult Interdependent Partner Support
Spousal support and Adult Interdependent Partner Support are used to describe the payment of monthly or lump sum support to one spouse, who has been disadvantaged in some way by the breakdown of the marriage. Typically, this is for the spouse who earns less or did not work for a period during the relationship.
Unlike child support, spousal and partner support is discretionary and the party seeking to receive spousal or partner support must show that they are entitled to support, or alternatively, that they require support in order to meet their monthly budget. Spousal or partner support is considered income, and the recipient must pay taxes on it each year.
If you think you may be entitled to spousal support, by your contribution to the family unit during your relationship, or because of financial need, our family lawyers will assist you in determining which ground and amount of support you require or are entitled to, and for what period of time. Spousal support can be negotiated, and our lawyers regularly assist in drafting agreements which allow both parties to become economically self-sufficient in an appropriate period of time post-separation.
In Alberta, the courts are often asked to grant guardianship of minor children when their care is in question. This type of situation can arise when the biological parents are unmarried or when both parents are unable to provide proper care for their child and an outside individual must step in. Your family lawyer will work closely with your care to convey to the court factors such as the living conditions, medical care, education, religious upbringing, and financial care rulings that will be in the best interests of the child or children.
Adult Interdependent Relationships
In Canada, common-law relationships are established when two individuals make the decision to live as a family unit. This can be done by written agreement or based on the amount of time they’ve resided together, or based on the time you have lived together and whether you have children together. If you meet any of these criteria, you may be considered an Adult Interdependent Partner, or a common-law spouse.
Factors such as financial support, family home, and assets are considered for division when there is a dissolution of the common-law relationship, or Adult Interdependent Partnership, similar to parties who are married and separate under the Divorce Act. With the assistance of an experienced family lawyer at Tarrabain Law, you will be able to present your case for support and property, and may be able to settle these issues outside of the courtroom to minimize the disruption in your lives.
Cohabitation/ Prenuptial Agreements
There may be occasions where having an agreement prior to entering into a marriage or sharing a home is in the best interests of all parties involved.
These legal agreements provide protection for financial assets, real estate, and other personal properties that are brought into the marriage by either party. By creating a cohabitation or prenuptial agreement, your Family Law lawyer can help you create a foundation that protects your interests in your relationship and upon the breakdown of the relationship.
Alberta Family Lawyers are here to help
When you are faced with live changing events that fall under the classification of Family Law in the courts of Alberta, we encourage you to contact Tarrabain Law. We are here to provide you with personalized support and care throughout your divorce and separation proceedings, child parenting time and custody arrangements, and spousal support issues among other situations you are facing. We will work on your behalf and provide you with the answers you need to make the most informed decisions available.
Contact our office today online, or by phone at (780) 244-8529 to schedule an initial consultation with one of our family lawyers.