Family Law deals with the legal rights and obligations between married persons and persons involved in common-law relationships.

When entering into a marriage or common-law relationship you may wish to consider a prenuptial or cohabitation agreement to outline the obligations you and your partner will have if the relationship breaks down. When a relationship breaks down, you should get legal advice on your rights with respect to such issues as grounds for divorce, spousal support, custody, access, child support, and the division of property acquired during the relationship.

The Law with respect to divorce in Canada is governed by The Divorce Act. The Divorce Act is a federal statute which means that it governs in all Provinces, including Alberta. The Divorce Act sets out the grounds upon which married persons can obtain a divorce. It also sets out the basic rules the Court will follow in deciding issues of spousal support, custody, access and child support.

The Law with respect to property rights between married persons is set out within The Matrimonial Property Act, a provincial statute. In general, The Matrimonial Property Act provides that any property acquired by married persons during the course of their marriage will be divided equally. However, there are exceptions to this rule.

Common-law spouses need not take any formal steps to dissolve their relationship when they separate. However, if there are children born of the relationship the issues of guardianship, custody, access, and child support will have to be addressed. Questions may also arise regarding spousal support and how property accumulated during the course of the relationship should be divided.

If you have questions on the above issues, please call Shaun Hennessy or Rose Cassis of our office.