Uncontested Divorce Solutions

This is a very concise read as to the difference between a mediator and lawyer. While the author is in the US and some of the terminology in Canada is slightly different, it is an excellent read.

Let me know if you have any questions.

What's the difference between a mediator and a lawyer? The mediator is non-coercive. Participating in mediation is voluntary – it takes two to tango. If one person cannot or will not participate for any reason, there is no mediation – and therefore, no role for the mediator.

In a world of complexity - having solutions to an uncontested divorce, minimizing time and energy, stress and cost makes sense. Give us a call to see what would work for your unique situation. We look forward to assisting you.

Last week a client told me that they needed their separation agreement updated as their incomes had changed and they needed to revise child support (section 3). As you may be aware - Parties with dependent children (those under 18 or attending full time post secondary school) are required to exchange their tax information by June 1st of each year.

What many people do not realize is that the separation agreement (while amendments can be made to it), typically doesn't require changing. If Parties are divorced, or in the case of a common law couple have an order for child support and parenting, then these need to be updated, so that the can be enforced by MEP (maintenance enforcement programme).

Why is it a good idea to review child support and parenting annually? Simple answer - life changes, and the child support guidelines are intended to reflect the parenting time allocated to each parent (monthly support) and the children's interests (Special and Extraordinary Expenses - section 7).

Have you had any challenges in recalculating child support?

It's nearly time for the holidays. However you celebrate - what counts isn't the number of presents under the tree, it's truly about making special memories with those that you love. Every family is different, and each unique and special. Create joy, laugh and look for the happiness. From our house to yours, happy holidays.

Facing separation and divorce? We are here to help. Did you know that a separation agreement is not legally required in Alberta? Many people want a separation agreement for their own reasons, and financial institutions require them for financing.

If you and your spouse are in agreement on the division of property, then rather than a separation agreement (which the Family Property Act s37 and s38 indicates that Independent Legal Advice is required), many people have a consent order completed. It's faster and less expensive and it's a court ordered document that is binding. Give us a call 780-710-7355 - we are here to help or send us a message.

In Alberta there are three "grounds" for divorce. Most divorces are filed on the grounds of 12 months of separation (I would estimate 87%), however there are two other grounds that the court will accept as reasons for divorce.

They are adultery and cruelty. In these cases, the perpetrator (person committing the adultery or cruelty) must sign an affidavit to that effect.

Don't Panic.

Adultery happens and sometimes Parties don't want to wait for 12 months of separation and wish to have their divorce application completed and filed with the court NOW.

We can help. Reach out to [email protected] to find out how we can help or call or text 780-710-7355. Thank you.

There are many aspects to ending a relationship including the formal step of the divorce application to the court. Most people don't want or need the stress of hiring individual lawyers, or have time to waste.

Some of the issues that require resolution include parenting plans, child support, spousal support and the division of family property.

We can help with separation agreements, consent orders, application to the court for divorce, title transfers, completion of forms for CPP, CRA.

Please reach out (call or text) 780-710-7355 to set up a no obligation consultation.

Every day, at least one person reaches out and asks the question, "Where do I start?" The question is usually followed by I have decided, or we have decided to end the relationship.

There are three ways to go through separation and divorce. You can do it yourself, hire someone to help that can work with you and you trust (like a mediator) or each of you can hire a family lawyer.

How you approach it, will depend on your personal situation and if you can work with your partner through the process.

It's important to remember that young or old, married or common law - there are four issues to be decided. If you can't or won't decide, the courts can decide for you (albeit it's a long and very expensive process). The four issues are 1) property (including assets (house, condo, lake property, commercial property, savings, RRSP's, pensions, etc.) and liabilities (credit card, student debt, mortgages, lines of credit, personal loans, etc.) 2) child support (section 3 and section 7) 3) parenting (how will the children spend their time, what about school vacation, child care, schooling, etc.) and 4) spousal support

There is a lot to consider and I invite you to reach out if you have questions or I can help you on this journey. With the right guidance, you can get through this doing what's best for you, your spouse and children.

Uncontested Divorce Solutions updated their phone number.

Conflict is a normal part of being human. Is your family or someone you know going through a rough patch and wondering when might it be necessary to bring in a mediator?

Watch this video if you'd like to know how a mediator helps families resolve conflicts and what the qualities of a good mediator are. Here is the link - https://www.youtube.com/watch?v=gFwjqGMisyA

Pension Facts - recently I was working with clients on their family property and a question came up with respect to the value of the Defined Benefit Pension. As most people are aware, all property acquired during the relationship (either marriage or common law) belongs to both parties and to accurately complete the family net worth the value of the pension is required.

The pension value may be estimated using the pre-division benefit statement (available from the pension administrator) or by using an actuarial such as Pension Strategies Inc. In Alberta, the pension administrator must provide the pre-division benefit statement (without charge) within 90 days of the request.

The clients were told that there would be a charge of $1200 and that they may wait 16-20 weeks. While the pension administrator has a right to charge if the pension is to be divided, they are not permitted to charge for the statement. This is in contradiction the legislation.

Please contact me if you have questions regarding family property valuation or division. Thank you.

Property Division and Family Agreements for Couples (both married and unmarried) in Alberta

If you are working through a divorce or separation, you may have questions regarding the division of property in Alberta. The first thing to know is that working with a professional mediator who handles family agreements and property division is going to spare you headaches and hassles.

On January 1, 2020, the laws for dividing property between unmarried couples changed. The Matrimonial Property Act was changed to the Family Property Act and applies to both married and unmarried couples (adult interdependent relationships).
Family Agreements
Parties can save thousands of dollars by settling their separation or divorce case outside of Court. That is where family agreements come into place. By creating a legally binding separation/matrimonial agreement, parties can resolve all issues such as custody, child support, spousal support and property division outside of Court and finalize their divorce in a much quicker and cheaper way. In either case, the final divorce judgment still needs to be granted by the Court.

Family agreements can also come in handy before parties marry or enter a common-law relationship. An experienced mediator can assist you with drafting a pre-nuptial or cohabitation agreement to avoid any potential hassles if a relationship does not end up working out. Pre-nuptials can be particularly important if you have considerable pre-marital assets and would like to protect your investments.

Let me know if you have any questions - I would be happy to help.

In addition to offering a number of options for separation and divorce, we can help you obtain an uncontested divorce in Alberta for a flat fee (no hidden charges). We have helped hundreds of people just like you "untie the knot". Please contact us for more information. Thank you.🙂

People often ask - what is Divorce Mediation?
Mediation is a form of alternative dispute resolution that aims to resolve the major issues in a divorce without the need for litigation. It is no surprise that many separating couples cannot agree on certain issues, especially involving co-parenting or finances. When spouses take their cases to court, it can be a costly and stressful process, and the resolution of their issues is out of their hands. It is always preferable to reach a fair agreement out of court whenever possible, and mediation helps many people do so.

Here are some of the issues that mediation can help resolve so that your divorce can proceed:

The division of marital or family assets
Child custody
Child support
Spousal support

In mediation, the two spouses will meet with a mediator, who is a third party neutral with no bias. This neutral mediator will learn about your circumstances and facilitate discussion, hoping to reach an agreement on any unresolved issues. Spouses meet with their mediator until they reach a resolution on all issues.

From there - the mediator will draft a separation agreement and forward to you for review and when you are ready will prepare the application to the court for divorce.

Separation, Divorce, Parenting, Spousal Support, Child Support and Division of Family property can all be confusing. Then to add to the confusion - what about splitting a pension, or if your spouse is in another country or you need to change child support or access?

What do you need right now?

I can help - book a no obligation phone consultation or leave a message and I will provide you some guidance to get started.

Uncontested Divorce Solutions now takes appointments on their Page.

Who Gets the Family Dog in a Divorce?

Divorce comes with a whole slew of opportunities to resolve: Who stays in the house? Who keeps the car? And of course, who gets the dog?

With dogs increasingly considered “part of the family,” divorcing dog owners face particular challenges. Care and custody arrangements, division of expenses, and arguments over who the family dog prefers can make an already tough situation even tougher.

But splitting up the family doesn’t have to mean disaster for your dog. Read on to learn what divorcing couples can do to make divorce as painless as possible for the dog and themselves.
How Divorce Impacts Pets

Divorce is one of the most common reasons people rehome or relinquish their dogs. In Canada, in 2019 - (annual report of the Humane Society) there were 28,000 dogs surrendered, with 35% or 9,800 given up by owners, some due to divorcing couples. It’s important to note that these people aren’t monsters for rehoming their dogs; they’re going through an incredibly stressful time, and more often than not, making a decision that they believe to be in the best interests of the dog.

But studies have proven again and again that what’s best for the dog is a loving, stable home with an established routine, and giving up a dog to a shelter or uncertain future is not in their best interest.
The stress of domestic discord and joint custody can also lead to anxiety or misbehaving in your pet. Dogs are creatures of habit, and divorce may mean a big disruption in routine. Your dog has been used to sharing a home with two people, and now they’re likely splitting time between two homes and two different schedules. A dog who has always been perfectly house-trained might have a few accidents, or a formerly quiet dog may develop an anxious barking habit. It’s important to be patient and loving with your dog, and remember that she’s not being “bad,” she’s simply having a natural reaction to a confusing situation. Dogs aren’t able to tell us how they feel, but they often show us with their behavior.

Do what you can to ease your pet’s transition during a divorce and be patient. You’re all going through a difficult time.

How the Law Treats Dogs of Divorce

Although pets are family to those of us who love them, in the eyes of the law, family dogs are still treated as property. For divorce cases that go to court for a custody dispute, it’s unlikely the judge will consider who took care of the dog or whose side of the bed the dog sleeps on.
Judges will likely care about who rightfully “owns” the dog, i.e., who paid the adoption fee at the shelter or whose name is on the majority of veterinary bills.
But if you find yourself in the unfortunate position of dissolving a marriage, you don’t have to take it to court. Having a pet agreement in place early on in a marriage can help prevent bitter custody battles and heartache in the unfortunate event of divorce.

Plan Ahead with a Pooch Prenup

Nobody gets married thinking they’ll one day divorce, and it can be uncomfortable and sad to broach the subject of what to do about the dog if your marriage doesn’t last. But having that awkward conversation early on will minimize heartbreak down the line. Think of it as planning for an emergency that will hopefully never occur: You have a fire escape plan and an earthquake preparedness kit, so why not be prepared in case of divorce, too?

There are several points to consider when making a divorce plan for the family dog:
• Which spouse works longer hours than the other, or travels more often?
• Who had the dog first? In many cases, it makes sense for the dog to stay with the person who brought him to the marriage.
• Does the dog favor one spouse over the other? This may be a tough question to confront, but for your dog’s sake, it’s important to acknowledge if she’s more bonded with one person in the relationship. Remember, this is worst-case-scenario planning, and your dog’s well-being has to come first.
• If you have multiple family pets, a split may be in order. Perhaps one dog favors you, and the other favors your partner; in that case, it would make sense for each of you to take a dog.
• Consider the possibility of re-marriages, new pets, kids, etc.; it’s impossible to fully predict the future, but making even a general plan for the lifespan of your dog can make it easier to navigate new challenges as they arise.

You could simply talk all this over with your partner and come to a verbal agreement, but for extra security, seal your agreement in writing.

Consider Splitting Dog Custody

Different dog care arrangements will work for different people after divorce. I know a couple who separated several years ago but still maintain a friendly “dog share” that allows each plenty of time with their beloved pet, one month on, one month off. Of course, their dog is an easygoing guy who does fine with all the back-and-forth; if the dog was more particular about routine, they might have made a different arrangement.

Some people may find it works best to have one person remain the primary caregiver for the dog, with the other acting as “pet sitter” so they can have regular, if limited, time with their old friend.
Whatever the specifics of the arrangement, in relatively amicable divorces, sharing custody of the dog can be a great way to keep your pet active and satisfied, and let each person maintain a relationship with their beloved pet.

As a bonus, sharing the dog can help a divorced couple remain friends. After all, if you loved and respected each other enough to get a dog together in the first place, chances are you can reframe that love and respect as dog owners even in the wake of divorce.
Always Put the Dog First

However friendly or acrimonious your divorce, whatever custody arrangement you’ve worked out for the dog, it’s important to always prioritize your dog’s best interests during a divorce. It can be hard to think kindly of the person with whom you’re breaking up, but it shouldn’t be hard to think kindly of your dog and make decisions based on what’s best for her.

Think how comforting it can be to focus on your dog when you’re not feeling well, to have a loving, trusting creature to care for and give you positive feedback about the world. Dogs can be a healing influence in our lives and can make the sad fact of divorce a little bit easier to bear.

The truth is, though divorce can be painful, in most cases divorce is a good thing for the people involved. Many divorced people agree that it’s better to seek happiness individually than stay unhappy together, and for dogs in the middle of an unhappy relationship, divorce can mean the end of a home filled with tension and stress. With a little foresight, and by keeping the best interests of your dog at heart, you can help make the difficult process of divorce a little bit more bearable for the whole family, and everyone will come out happier in the end.

Please let me know if you have any questions.