Family Law

Where do the Children Reside:  Most often, the parents work together to make decisions about their children. If the parents cannot agree, the parties will apply to Court and a judge will decide.

The factors a Court will look at in making its decision can include:

  1. the history of care for the child;
  2. the child’s physical, psychological, and emotional needs;
  3. the nature and strength of the relationship between the child and other people residing in the child’s household; and
  4. the ability and willingness of each the parents to care for and meet the needs of the child.

 

 

 

If My Spouse Leaves. . . Compensation:  In Canada the law is based on the premise of a “no fault” divorce. This means that, for example, if your spouse leaves you and ends the marriage, he/she is not deemed to be at fault for the marriage ending (even if adultery is involved). In short, you will not get compensated simply for your spouse leaving you.

Any “compensation” would come by way of spousal support. Spousal support is payable on three grounds:

  1. compensatory: which addresses the economic advantages and disadvantages flowing from the marriage and the roles adopted during marriage (this ground is not about need);
  2. non-compensatory: considers the needs of the receiver and the ability of the payer to pay spousal support; and
  3. contractual: spousal support is payable under this model if there is an express or implied agreement regarding financial obligations to your spouse.

 

 

 

 

Length of Marriage:  The general rule is: the longer the marriage, the longer the duration of spousal support. The longer the duration of your marriage also means that you may expect to have roughly the same standard of living between the spouses after separation; this affects the amount of spousal support paid.

 

 

 

How long for "Common-Law":  In Alberta, the term “common law” has been replaced with the term “Adult Interdependent Partner” (AIP). You can become an AIP three different ways:

  1. you live together for at least 3 consecutive years in a relationship of interdependence;
  2. you have a child together and live together with some degree of permanence; or
  3. you enter a contract to become an AIP with each other.