Family Law

Adoption comes in many forms. A traditional adoption is a parent or parents adopting a child who is not biologically theirs. A step-parent adoption is where a spouse adopts the child of their spouse. Adult adoption is what occurs when another person legally adopts an adult.

Adoption changes the legal parent of the adoptive child. It creates legal rights and legal obligations to the parties who adopt. It is more severe than simply being in a parent-like role with a child. It is not a step-parent situation, and it is often highly emotional, personal and complicated to complete the application.

Our knowledgeable team is well-versed in the adoption process and can assist you in completing the forms, appearing in court and any procedural issues that may arise. Please get in touch with us for further information on adoption.

When parents separate or divorce, they still have an obligation for the financial support of their children, by law, to either be paid or received for the child’s benefit. Financial support can be agreed upon between parents or calculated by a court using specific financial guidelines. Our lawyers assist in reaching a fair agreement between parents regarding the amount of support owed or received. We help you navigate many related issues, such as the terms governing your child support payments and ensuring appropriate financial disclosure to calculate child support. The biggest problem in child support occurs when you have a complicated income situation or difficulty with disclosure.

Contact our office if you wish to receive more information on this issue.

No one wants to believe their marriage or relationship could end in a separation or divorce. Whether or not your relationship lasts the test of time, many people are more comfortable protecting their assets in case of a future breakdown. These agreements are in contemplation of what will happen after a relationship has ended. The agreement may outline the division of each party’s property, occasionally financial support, or even actions if one of the parties passes away. These are vital and complicated documents that require independent legal advice and execution in front of lawyers if you hope to make these agreements effective under the law.

If you wish to receive more information on respectfully protecting your assets or have concerns regarding a contract, please get in touch with our team of professionals for further details.

A Separation Agreement is a legal document signed in front of independent lawyers that governs what happens upon the conclusion of a relationship if there is no Prenuptial or other agreement.

Although it primarily deals with the parties’ property; specifically who gets what and when and how; it often deals with issues such as guardianship and parenting time arrangements (formerly custody and access) for the children and financial support, including partner or child support. Separation Agreements are essential in the breakdown of a relationship and become legally enforceable. Breach of an agreement can lead to severe consequences.

They differ from a prenuptial, post-nuptial or adult interdependent partner agreement because there is no need to guess what might occur upon conclusion of the relationship, with complete and proper financial disclosure for all parties’ property at the time of the separation agreement will be resolved appropriately.

Most family and divorce separations do not end up in trial due to the costs and delays of the court system. As well, the parties, once they have had an opportunity to be fully informed about the law, can reach an agreement regarding what should happen to the property, the children and their support needs. Agreements made with or without the assistance of third parties can often be turned into enforceable Separation Agreements.

Sometimes parties need assistance from a third party, and many mechanisms exist to get that done. The parties may attempt to mediate their dispute with or without the aid of a lawyer or third party. Another common alternative is what is known as Collaborative Law which is a unique training that exists for lawyers and is an agreement between the parties and the lawyers to not attend court except for minor consent matters. Several lawyers at North & Company LLP are trained collaborative lawyers. They can assist you and answer more questions about these and alternative dispute mechanisms other than court or trial.

Although most matters end in a settlement between the parties and do not go to trial, sometimes a dispute cannot be resolved by agreement and often ends in Court. The Court can involve matters at the King’s Bench level, Provincial Court or even other levels of Court. The procedure can be complicated and confusing and usually requires some elements of public speaking.

The lawyers at North & Company LLP are trained and experienced in matters in the Court process and can assist you in contested Court matters, including any trials that may be required. If you believe litigation will be a necessity, it may be prudent to contact a lawyer for further information.

Contact North & Company LLP to set up an initial consultation.

Alberta does not have a legal definition of common law relationships. The closest thing we have is interdependent adult partnerships. The Adult Interdependent Partnership Act governs this.
The specifics of becoming an adult interdependent partner are more complicated. Still, the most common ways are living together in a spousal-like relationship of three years or more or having a child together and living together after birth.

Only by January 2020 statutory property rights are provided upon a relationship breakdown, although options are available. After 2020, the Family Property Act comes into effect, which offers substantial property rights to adult interdependent partners.

Several other rights currently exist under various other Acts involving children, and potential partners support the rights upon the other party’s death.
Don’t hesitate to contact our office to schedule an appointment for further information.

Dividing a child’s time between parents is an emotional area of law. It is complicated and can be frustrating and frightening to handle on your own when so much is at stake. One must consider who will control the child’s day-to-day control, the frequency to which a parent will see the child, visitation rights, etc. A legal professional can help navigate and settle a dispute of this type without creating stress on the parents and, most importantly, the child.

The legal test in such a matter always revolves around the child’s best interest. If the parties cannot agree, the person who decides the child’s best interests may be a Judge. It is essential to fully understand the interplay of this legal test with the actual day-to-day job of parenting.

Contact us to set up an initial consultation to discuss this complicated and often emotional issue with one of our family lawyers.

Although divorce is not unusual, the actual process of attaining a legal divorce can seem overwhelming. Divorce involves more than the physical separation of two people. You must obtain a divorce order in the Court of King’s Bench. There are multiple methods to acquire a divorce order from the Court. Seeking legal advice on your options gives you the understanding and assistance to handle your divorce in the most organized way possible.

At North & Company LLP, we can ease your mind by taking the procedural elements that will ultimately provide you with a divorce. We understand this can be difficult; however, we can offer you sound legal advice discretely and effectively.

Contact us to set up an initial consultation.

One of the biggest concerns when separating is what happens to the shared property once the marriage has ended. The Matrimonial Property Act or Family Property Act dictates property division after divorce. Often the transferred property will be divided equally; however, this is only sometimes the case. Disputes arise when there are grounds to support an unequal division of property. Other times there are disagreements about property included in the discussion.

Contact our knowledgeable team if you are concerned about included property, how it’s divided, or any other property-related matters after a divorce.

Spousal or Adult Interdependent Partner support is a statutory remedy that recognizes both parties’ contributions in a relationship. This support is to acknowledge any financial co-mingling of the parties in a relationship as well as the financial necessity of the parties if one or the other condition exists. Spousal support is often a heavily factual basis and is partly dependent upon the parties’ actual disclosure at the time, which is a challenging concept. If you need more information on spousal support, don’t hesitate to contact our office.

Spouses or partners depend on each other during a marriage for various living expenses, but this does not necessarily end when the marriage does. Depending on the spousal dynamics, you may owe or be owed financial support based on your contributions to the relationship. The amount of support may be based on numerous grounds, such as the role each spouse played in the relationship, the specific needs of each spouse regarding their means, or any contractual arrangements the spouses entered into with each other. Dealing with and calculating spousal support can be complicated, it is suggested to seek legal assistance from a competent lawyer.

Contact us to set up an initial consultation to discuss.

Under the Alberta Rules of Court, lawyers can assist clients on a limited engagement basis. Rather than helping with many different aspects upon the breakdown of a relationship, lawyers can assist in a limited role, whether prepping a matter for Court, reviewing documents, providing legal advice on specific points, etc. These steps can often be a cost-efficient option for clients with limited funds.

If you have a matter that you do not believe would require the full involvement and retainer but may warrant some legal assistance, feel free to contact North & Company LLP to discuss a potentially limited engagement with one of our lawyers.