Frequently Asked Questions
How much will my divorce cost me?
We appreciate that you have worked hard for your money, and that you want to be cost-effective. The cost of your divorce will depend on whether or not it is contested (opposed) and whether you are seeking a divorce only, or there are also corollary relief issues such as decision-making responsibility / parenting time, child support, spousal support and family property.
Visit our Billing & Flat Fees page which confirms that an uncontested divorce will cost you approximately $2,000 to $2,500. Contact our office to discuss our hourly rates to retain our office for a contested matter.
Do I have to pay spousal support to my former partner?
Payment of spousal support is dependent on establishing entitlement under the law. Under the Divorce Act and Family Law Act, spousal or interdependent partner support is established based on certain factors including, but not limited to, length of relationship, income disparity, financial hardship and economic disadvantage as a result of the relationship or its breakdown, the functions of the partners during the relationship, and to promote the economic self-sufficiency of the dependant partner within a reasonable period of time. You can calculate a range of spousal support using an online support calculator tool, or attend our office to review the potential range based on the Federal Spousal Support Guidelines.
Submit the Family Law Client Questionnaire to obtain a free 30-minute consultation and obtain legal advice on entitlement to and payment of spousal or interdependent partner support.
Will I have to divide all my assets with my partner 50/50?
Under the law individuals going through a separation normally divide the assets they obtained during their relationship 50/50, subject to certain exemptions under the law.
Submit the Family Law Client Questionnaire and obtain a free 30-minute consultation to review what assets may be exempt from equal division with your partner.
How much child support am I supposed to pay?
Child support is generally calculated in accordance with the Federal Child Support Guidelines. Child support is payable by the non-custodial parent to the custodial parent for the care of the child(ren) based on the income of the payor, the number of the children and the provincial residence of the payor.
With shared parenting arrangements, child support is calculated by offsetting the child support payable by the higher income earner with the child support payable by the lower income earner. With T4 employees calculating support is relatively straightforward, and you can utilize the Federal Child Support Table Look Up to calculate child support.
With self-employed individuals, the calculation of child support can be more complicated as corporate income and expenses may need to be analyzed in order to ascertain income for setting support.
Submit the Family Law Client Questionnaire and obtain a free 30-minute consultation to understand child support.
What are my out-of-court options?
We can try to settle your matter through negotiation, mediation, or private arbitration. You also have the option of reaching a written agreement which, upon obtaining independent legal advice, will create a legally enforceable contract between you and your partner.
How do I get sole decision-making responsibility for the children?
To obtain sole decision-making responsibility of your child(ren), you will need to demonstrate a material change in circumstances and provide evidence supporting that it is in the best interests of your child(ren) that you be the sole decision maker for the child(ren), for instance, because the other parent is unable and/or unwilling to participate in joint decision making.
Sole decision-making responsibility can be a difficult relief to obtain, however, submit the Family Law Client Questionnaire and obtain a free 30-minute consultation to review your options on seeking sole decision-making responsibility of your child(ren).
My former partner and I did not marry, and we resided in a home legally owned by my former partner. Do I have any property rights?
The Matrimonial Property Act, which traditionally governed the way in which property was divided between married couples, was renamed the Family Property Act. As of January 1, 2020, the Family Property Act applies equally now to unmarried partners (same-sex or opposite-sex) whose date of separation is after the foregoing date, and who were in a relationship of interdependence. Review our Unmarried Partners page to see if you and your partner are considered to have been in a relationship of interdependence.
Submit the Family Law Client Questionnaire and obtain a free 30-minute consultation to obtain legal advice on your property rights.
What is my first step to getting divorced?
The first step to getting a divorce is being separated for a period of one year and filing a Statement of Claim for Divorce or filing a Statement of Claim for Divorce and Division of Family Property. A Statement of Claim may be filed prior to one year separation, however, your divorce cannot be finalized until one year has passed.
At what age can you make a Will?
Anyone who is mentally capable and over the age of 18, or an individual under 18 who is legally married, can make a Will. An individual under the age of 18 can make a Will if they are mentally capable and they are a member of the Canadian Forces, or they have obtained Court approval.
What should I do if I get arrested?
If you have been arrested, you are likely going to feel overwhelmed, but try to remain as calm as possible. It is important to understand that you do not have to say anything, as what you say can be placed into evidence before the Court. Contact a criminal defence lawyer as soon as possible to ensure that your rights and interests are protected.
Tim has over 20 years of criminal defence experience. Contact him at 403-263-6000 so that he can review your case and guide you through this process.
What is the difference between an indictable offence and summary offence?
The main categories of criminal offences in Canada are summary conviction offences and indictable offences. Indictable offences are generally more serious offences.
For summary conviction offences, if there is no maximum provided for in the Criminal Code of Canada, then the maximum sentence is 6 months and the maximum fine is $2,000. The statute of limitations for appealing these offences is 6 months from the date the offence was committed.
Indictable offences carry higher maximum sentences, and there is no statute of limitations for appeal. Some indictable offences must be heard summarily in Provincial Court.
Depending on whether an offence is classified as summary or indictable, has an impact on, among other things, the penalties that are possible, scope of police powers, appeal arrangements, and mode of trial.
Some offences may be classified as hybrid offences. For these offences, the prosecutor can choose based on factors such as the seriousness of the accused’s actions, to proceed with the offence as either a summary conviction offence or as an indictable offence.
Contact Tim at our office to review your options based on the offence charged.
The Law Society of Alberta identifies Twelve Questions to Ask Before Hiring a Lawyer. Here are our answers:
How long have you been in practice? How many matters like mine have you handled before?
Tim: 25 years
Gagan: 8 years
We have handled a wide range of matters. Contact our office to review your specific matter.
How long have you practised at this particular firm?
Tim: 25 years
Gagan: 8 years
In what areas of law do you practice?
Tim: Family Law, Criminal Defence, Civil Disputes, and Wills & Estates
Gagan: Family Law
Are you a partner or an associate?
We are an association of independent lawyers that work together as a team.
How much of your practice is devoted to my particular problem area?
Tim:
Family Law
Civil Disputes
Criminal Defence
Wills & Estates
Gagan:
Family Law & Mediation
Do you have enough time to deal with my problem quickly?
Our office is committed to resolving your matter as quickly as possible, however, there are certain factors outside of our control that may impact the length of time, for instance, how contentious the issues are between the parties, and court availability.
Contact our office to review how much time your matter may relatively take.
How quickly can I expect resolution?
Contact our office to obtain an estimated timeline on how quickly you can expect a resolution in your particular matter.
When can we meet?
Once you complete and submit our Questionnaire, our office will get in touch with you shortly thereafter to set up a free 30-minute consultation to review your matter. We can meet in-person with precautions, or via telephone, Skype, or Zoom.
How do you charge for your services?
We charge hourly for contested matters and we provide flat fees for uncontested matters. Please visit our Billing & Flat Fees page.
Approximately how much will your services cost me in total?
The cost of your services will depend on, among other things, whether the matter is contested or uncontested, and the complexity of the issues. Please visit our Billing & Flat Fees page, or contact our office to obtain an approximate cost of your legal services.
Do you provide your clients with a detailed written statement of fees?
Yes, we provide our clients with detailed invoices which identify the time spent working on a client file.
Do you charge anything for the first meeting?
We do not charge for the first meeting provided that you complete, to the best of your ability, the Family Law Client Questionnaire or Family Law Mediation Intake. For all other matters, please complete the Conflict Check on our website and contact our office to set up a free 30-minute consultation.