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Articles
Common-Law Separation in Alberta: Property, Support, Children and Separation Agreements
“We were never married, so do I have any rights?” It is one of the most common questions after an unmarried relationship ends. The answer in Alberta is: Possibly-and considerably more may be involved than many people realize. Alberta law uses the term: adult interdependent partner for relationships that meet specific legal requirements. People still commonly search for: common-law separation; common-law divorce; common-law property division; common-law spousal support; and common-law rights. But the legal terminology matters. If an unmarried relationship ends, questions may arise concerning: the family home; other property; debts; pensions; investments; businesses; partner support; child support; parenting; Section 7 expenses; and separation agreements. And since Alberta’s family-property legislation changed in 2020, outdated internet advice about unmarried couples can be particularly misleading. At WIN/WIN Divorce Resolution in Calgary, mediation can help unmarried separating couples discuss property, support, parenting and other issues where mediation is appropriate. Shelly-Ann Petz acts as a neutral mediator. WIN/WIN provides information, mediation and paralegal services but does not provide legal advice. What Does “Common-Law” Mean in Alberta? “Common-law” is widely used in everyday conversation. But Alberta family legislation uses the term: adult interdependent partner. Whether you qualify as adult interdependent partners can have significant legal
Mediation vs. Lawyers vs. Court: Choosing a Divorce Process in Alberta
When a marriage ends, many people assume there are only two choices: Hire a divorce lawyer. or Go to court. That is not how family dispute resolution actually works. Separating couples in Alberta may resolve issues through several different processes, including: direct negotiation; mediation; negotiation with independent lawyers; collaborative family law; arbitration; Judicial Dispute Resolution; court; or a combination of these approaches. The right question is therefore not: “Should I use a mediator or a lawyer?” A better question is: “Which professionals and processes do we need to resolve the issues in our separation safely, efficiently and with enough legal and financial information to make informed decisions?” For many separating couples in Calgary, mediation and independent legal advice can work together. For others, lawyer-to-lawyer negotiation, arbitration or court may be necessary. At WIN/WIN Divorce Resolution, Shelly-Ann Petz acts as a neutral mediator and provides paralegal/document-preparation services. WIN/WIN does not represent either spouse and does not provide legal advice. First: Understand That a Mediator and a Lawyer Have Different Jobs This distinction is essential. A Mediator A mediator is neutral. The mediator helps both participants: identify issues; exchange information; communicate; understand areas of agreement and disagreement; explore settlement options; and work
High-Conflict Separation: Can Mediation Still Work When You and Your Ex Don’t Get Along?
“We can’t even have a five-minute conversation without arguing.” “We haven’t spoken directly in months.” “Every email turns into a fight.” “My ex disagrees with everything I suggest.” “We tried talking. It doesn’t work.” For many separating couples, these statements lead to one conclusion: Mediation will never work for us. But that is not necessarily true. Mediation does not require separating spouses to: like each other; trust each other completely; agree on everything; communicate perfectly; sit happily together at the same table; or become friends. In fact, if you already agreed about everything, there might be very little left to mediate. Mediation exists because people have disagreements. The more important question is not: “Do we get along?” It is: “Can we participate safely and meaningfully in a structured process aimed at resolving the issues?” For some high-conflict couples, the answer can be yes. For others – particularly where family violence, coercive control, threats, serious intimidation or an unmanageable power imbalance exists – ordinary mediation may not be appropriate. At WIN/WIN Divorce Resolution in Calgary, suitability should be considered before mediation begins. Shelly-Ann Petz acts as a neutral mediator. She does not represent either spouse, impose a settlement or provide legal
50/50 Parenting in Alberta: How Shared Parenting Affects Schedules, Child Support and Expenses
“Can we just do 50/50?” It is one of the most common questions separating parents ask. Sometimes equal parenting time works extremely well. Sometimes a different parenting schedule better fits the children’s needs. And sometimes parents agree on equal time but then discover that they have not resolved several other important questions: Does 50/50 parenting mean no child support? Does equal parenting time mean equal decision-making? How do we divide Section 7 expenses? Which parent receives benefits? How do holidays work? What happens if one parent earns substantially more? How do we actually create a schedule that equals approximately half the year? For parents in Calgary and throughout Alberta, it is important to separate three concepts: Parenting time Decision-making responsibility Child support They are related. But they are not the same thing. At WIN/WIN Divorce Resolution, mediation can help separated parents work through parenting schedules, child support, children’s expenses and the practical details required to make a shared-parenting arrangement work. Shelly-Ann Petz acts as a neutral mediator. WIN/WIN provides information, mediation and paralegal services but does not provide legal advice. What Does 50/50 Parenting Mean? People commonly use terms such as: 50/50 custody; joint custody; shared custody; shared parenting; and
How to Create a Parenting Plan After Separation in Alberta
A parenting plan needs to answer a deceptively simple question: How are we going to raise our children from two homes? “Every second weekend” is not a parenting plan. Neither is: “We’ll figure things out as we go.” That may work for some exceptionally cooperative parents. For many separated families, however, uncertainty creates conflict. Who has the children on Christmas morning? What happens on birthdays? Who books dental appointments? Who makes school decisions? What happens if a child is sick on exchange day? Who pays for activities? Can either parent take the children outside Canada? How much notice is required for vacation? Where does an exchange happen? What if a parent is 45 minutes late? When can the schedule change? What happens when a teenager no longer wants to follow the schedule exactly? Who receives school information? What happens when a new partner enters the picture? A thoughtful parenting plan addresses foreseeable questions before they become arguments. At WIN/WIN Divorce Resolution in Calgary, mediation can help separated parents work through parenting issues and develop practical arrangements centred on their children’s needs. Shelly-Ann Petz acts as a neutral mediator. WIN/WIN provides information, mediation and paralegal services but does not provide legal
Spousal Support in Alberta: Entitlement, Amount, Duration and Negotiating an Agreement
When couples separate, one of the most misunderstood financial questions is: Will one spouse have to pay spousal support? Some people assume spousal support is automatic whenever one spouse earns more. Others assume it is almost never payable. Neither assumption is reliable. Spousal support in Alberta can involve several separate questions: Is there entitlement to support? If there is entitlement: How much support is appropriate? How long should support continue? Should support be paid monthly, as a lump sum, or through another negotiated arrangement? Should support be reviewed later? What happens if income or circumstances change? The answers depend on the facts of the relationship. For separating spouses in Calgary and throughout Alberta, understanding these questions before negotiating can make mediation substantially more productive. At WIN/WIN Divorce Resolution, mediation can provide a structured setting for discussing spousal support alongside property division, child support and other separation issues. Shelly-Ann Petz acts as a neutral mediator. WIN/WIN provides information, mediation and paralegal services but does not provide legal advice. What Is Spousal Support? Spousal support is financial support paid by one former spouse or partner to the other following separation in circumstances where there is a legal basis for support. It is
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.