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Articles
Can I Move With My Child After Separation in Alberta?
After separation or divorce, it is common for one parent to consider relocating—whether to another city in Alberta, another province, or even outside Canada. These moves may be motivated by employment opportunities, family support, housing costs, or a desire for a fresh start. However, when children are involved, relocating is not simply a personal decision. In Alberta, moving with a child after separation is governed by federal and provincial family law principles focused on one central question: what is in the best interests of the child? Is a Parent Allowed to Move With a Child After Separation? The short answer is: sometimes, but not automatically. A parent who has parenting time or primary care of a child does not have an unrestricted right to relocate with the child if the move would significantly affect the child’s relationship with the other parent. Relocation cases are often among the most contested issues in family law because they directly impact parenting arrangements and the child’s stability. What Counts as a “Relocation”? In Canadian family law, relocation generally refers to a move that is likely to have a significant impact on the child’s relationship with the other parent. This may include: Moving to another
The Benefits of a Well-Drafted Separation Agreement in Alberta: Why Legal Advice Matters
When couples separate, one of the most important steps they can take is deciding how to resolve issues such as parenting, child support, spousal support, and division of property. While some people choose to create their own “do-it-yourself” (DIY) separation agreements—or rely on verbal understandings—these approaches often create more problems than they solve. A properly drafted separation agreement prepared with the assistance of a legal professional can provide clarity, protection, and long-term stability that informal arrangements often lack. In Alberta, the difference between a well-drafted agreement, a DIY document, and no written agreement at all can have significant legal and financial consequences. What Is a Separation Agreement? A separation agreement is a written contract between separating spouses or partners that sets out the terms of their post-separation arrangements. It commonly addresses: Parenting time and decision-making responsibility Child support Spousal support Division of property and debts Occupation or sale of the family home Dispute resolution mechanisms When properly prepared, a separation agreement can resolve most issues without the need for court involvement. Option 1: A Professionally Drafted Separation Agreement A separation agreement prepared by a family lawyer is designed to be: Legally enforceable Clear and unambiguous Compliant with Alberta and federal
Common-Law Rights in Alberta: Do Common-Law Spouses Have the Same Rights as Married Couples?
Many people assume that living together for a certain period automatically gives them the same legal rights as married couples. In Alberta, that assumption is only partly correct—and misunderstanding the difference can lead to serious legal surprises when a relationship ends. The short answer is: common-law spouses in Alberta do not have exactly the same rights as married spouses, especially when it comes to property division. However, they may still have important rights relating to support, parenting, and financial claims depending on the circumstances. In Alberta, common-law relationships are legally recognized as Adult Interdependent Partnerships (AIPs) under provincial law. What Is an Adult Interdependent Partner in Alberta? In Alberta, a common-law partner is generally referred to as an Adult Interdependent Partner. A person may qualify as an Adult Interdependent Partner if: They have lived with another person in a relationship of interdependence for at least three years, or They have lived together for less time but have a child together and a relationship of some permanence, or They have entered into a formal Adult Interdependent Partner Agreement Once recognized, Adult Interdependent Partners may have certain legal rights and obligations similar to married spouses—but not identical. Do Common-Law Spouses Have the
Parenting Time vs. Decision-Making Responsibility in Alberta: What’s the Difference?
One of the most common sources of confusion in Alberta family law is the difference between parenting time and decision-making responsibility. Many people still use the term “custody,” but that concept has been replaced in modern family law terminology. Understanding the distinction is important because each term relates to a different aspect of parenting after separation, and they do not always go hand in hand. What Happened to the Term “Custody”? In Alberta, the traditional concept of “custody” has been replaced under federal family law reform. Instead of custody, the law now refers to: Parenting time Decision-making responsibility These terms are designed to separate the two main components of parenting after separation: Time spent with the child Authority to make important decisions about the child’s life What Is Parenting Time? Parenting time refers to the actual schedule of when a child is with each parent. During their parenting time, a parent is responsible for the day-to-day care of the child, including: Meals and daily routines Homework and school attendance Transportation Bedtime and general supervision Routine decisions about activities and discipline Parenting time is usually set out in a detailed schedule, such as: Week-on/week-off arrangements Alternating weekends Split weekday schedules Holiday
Who Gets the House in a Divorce in Alberta?
For many couples going through a separation or divorce, the family home is the most valuable—and emotionally significant—asset they own. It is often where children were raised, where financial investments were made, and where both spouses have deep personal ties. One of the most common questions family lawyers hear is: “Who gets the house in a divorce?” The answer in Alberta depends on several legal and practical factors, including whether the couple is married or common-law, how the home is owned, and what other assets and debts exist. The Family Home Is Usually a Shared Asset In most Alberta divorces, the family home is considered part of the matrimonial property to be divided between the spouses. This does not automatically mean one spouse keeps the house. Instead, the home is usually: Valued Included in the overall property division Offset against other assets or debts The goal is not necessarily to award the home to one spouse, but to ensure a fair division of family property under Alberta’s family law legislation. Married Couples: Equal Division Starts the Analysis For married spouses, property division is governed by the Family Property Act. As a general rule, matrimonial property—including the family home—is subject to
10 Costly Mistakes to Avoid During a Separation in Alberta
Separation is often one of the most stressful and emotional experiences a person can face. In the midst of dealing with parenting arrangements, financial uncertainty, and the end of a relationship, it can be easy to make decisions that have long-term legal and financial consequences. Many people assume they can sort everything out later. Unfortunately, some mistakes made in the early stages of a separation can be difficult—or even impossible—to undo. If you are going through a separation in Alberta, understanding these common pitfalls can help protect your rights and put you in a stronger position moving forward. 1. Moving Out of the Family Home Without Understanding the Consequences One of the most common mistakes people make is moving out of the family home immediately after a separation without first obtaining legal advice. While leaving the home does not necessarily mean you lose your ownership interest, it can create practical challenges regarding: Parenting arrangements Access to personal property Financial obligations Future negotiations Before making any major decisions about living arrangements, it is important to understand how those decisions may affect your family law matter. 2. Making Informal Parenting Arrangements Without Documentation Many parents initially agree to parenting schedules verbally. While
Our services
Chartered Financial Divorce Specialist
If you are considering separation or are in the legal separation process a CFDS can be engaged at any time.
Beginning - help collect the financial data required for a separation.
Middle - analyze the facts and prepare projections.
Close to the end - evaluate the proposed division of assets.
The traditional 50/50 division of assets can often be unsatisfactory in its outcome.
50% today does not mean 50% tomorrow.
After-tax financial projections can tell a different story than the initial division of assets does. A Financial Divorce Specialist will look at all the variables to determine which outcome will be best for you.
Mediation
Conflict doesn't have to be inevitable. A professional mediator can help you and your partner explore options and search for solutions in a spirit of cooperation.
During mediation you will have the opportunity to discuss and resolve disputes with the help of an impartial facilitator. The process is private, respectful and efficient, helping you to reach agreements before relationships are irreparably damaged or things escalate into legal action. Even if legal action has already been initiated, mediation is useful for people seeking a more effective way to resolve disputes.
Separation and Divorce
Over 40% of marriages end in divorce. Going through a separation and divorce is a difficult time filled with loss, emotion and insecurity. It affects families, friends and children. Critical decisions must be made regarding finances, children and your future.
Getting a divorce doesn’t have to mean years wasted, assets lost and relationships destroyed. Instead of hiring adversarial divorce lawyers, our financial divorce specialist will assist and educate you with the financial aspects of separation and divorce. A mediator can offer options and suggestions to help you reach a mutually agreeable resolution and an agreement that is fair and equitable to both spouses and a paralegal can prepare your separation agreement and/or divorce documents, while preserving your assets and protecting your children from a painful litigation process.
Paralegal Services
As a qualified paralegal, Shelly-Ann is able to offer a range of additional paralegal services, including the following:
Preparation of legal documents, including but not limited to:
Agreements (pre-nuptial, co-habitation, separation)
Uncontested divorce documents - joint or sole applications,
transfers of land,
releases of dower rights,
commissioner for oaths services, and
Individual documents for self-represented litigants i.e. Claims, Statements, Replies, Responses, Affidavits, Family Applications, Affidavit of Service and other court documents
Assisting self-represented litigants as they prepare to represent themselves.
Acting as an agent in Provincial Court proceedings.
Note: If you require legal advice and/or your situation requires a lawyer we are able to provide you with a referral to a lawyer.
More About Us
Through a combination of mediation, negotiation, professional financial advice and paralegal expertise, we pride ourselves on creating the right conditions for uncontested divorce, allowing us to provide an affordable, fast, and efficient alternative to expensive legal counsel.
We start by providing all the information and tools you need to make important decisions about division of property, child support, spousal support and parenting matters. Because we’re a small company, we pride ourselves on the personal attention we give to each and every client. We understand this is a stressful, emotional time and we do everything in our power to help make this transition as simple, stress-free and affordable as possible.
We work with legally married and common-law spouses, and both amicable and conflicted couples.