Marriage can be challenging. Separation or divorce is often even more complicated. Deciding to end a marriage generally requires many decisions to be made, both immediately, and for the long term. Receiving proper legal advice will help you to more fully understand and protect your interests as you make those life-changing decisions.
At the time of separation there may be immediate issues to be determined such as: who will the children live with after separation and eventually, following the divorce; what child support is payable; what spousal support may be payable; is there a need for an order for exclusive possession of the matrimonial home; and do I need to take any steps to ensure the use of, or protection of matrimonial property. The issues in every case will be different, and be specific to the circumstances.
The number of children and a determination of a primary caregiver will affect the amount of child support payable, and to whom it would be paid. The employment history of the parties and their historical roles within the home will likely be a major consideration when determining where the children will reside, and any interim custody and access orders between the parties.
Spousal support may be payable from one party to the other in certain circumstances. On an interim basis, the court may need to determine whether there is a need for spousal support for either party. In the long run, the court will determine spousal support based on entitlement of the parties, the quantum of support to be paid, and the duration of any support payable. In other words, does either party deserve to be paid some form of spousal support, and if so, in what amount and for how long?
In some situations steps must be taken to protect matrimonial property. This may be the case where one party is dissipating assets, excessively spending, transferring or otherwise using property to their own benefit without the permission of, or to the exclusion of the other party. A timely court application may be required to protect property if this is the case in your relationship. It will also be necessary to determine a proper division of the matrimonial property between the parties. Doing so often involves creativity and experience to reach a solution that will be best for your situation.
If you are currently facing, or considering a divorce or separation in the province of Alberta or would like a second opinion regarding your situation I am more than happy to speak with you. Call Mark Baril at 403-328-5577 or 780-790-2022, or e-mail at mrbaril@stringam.ca.