Family and Divorce Lawyers

Family legal issues can be complicated and emotionally charged, to say the least. Going through a divorce can be the most challenging period of anyone's life, involving a broad spectrum of legal issues, including a of family assets, spouse and child support, and many other changes in your life. Having an experienced family divorce lawyer  can help take off some of the stress, weigh your options and choose an optimal course of action.

 

If you are looking for efficient and affordable marital lawyers, the Sinclair Law Office is your place. Our divorce lawyers cost less than you expect and are supportive and professional, leveraging our family law and dispute resolution experience to help you get through a challenging period of your life and ensure a smoother and more efficient process. Contact us today for a divorce lawyer consultation.


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Asset Division and Spousal Support

Financial issues often become a focal point in any divorce proceedings. Division of family assets, exemptions from the matrimonial property, and paying alimony are just a few of the issues which arise when spouses have to withdraw their intertwined financials and separate assets and debts. Below is a short overview of a few areas where you would benefit from having a family divorce lawyer by your side in your divorce process.

  • Division of Family Assets

    The most common financial question affecting all divorcing couples is the division of family assets, governed by the Matrimonial Property Act . The general rule is that the value of any property acquired during the marriage must be divided equally between the divorcing spouses. 


    Spouses are entitled to keep the property they possessed before the marriage except for any increases in the value of such property.


    The division of matrimonial property can be complex. The list of issues includes property identification, valuation, or a spousal claim for an unequal division of property. It is always advisable to have access to sound legal counsel to address all such issues and ensure the most expedient course of action.

  • Matrimonial Property Exemptions

    The list of exemptions from the family property is one of the most often addressed issues related to the division of family assets. According to the general rule, property acquired before marriage is not split on divorce. At the same time, any increase in the value of such property is considered family property and is subject to division.


    The list of other exemptions from matrimonial property includes:


    • Gifts from relatives, employers or third parties,

    • Proceeds from an insurance policy,

    • Inherited assets, even if these and the above assets and income were acquired during the marriage.

  • Matrimonial House

    In most situations the matrimonial home is the family's largest and most valuable asset, presenting both financial and emotional significance. The Matrimonial Property Act affords the matrimonial house a special treatment compared to all other family assets and devotes the whole of Part 2 to defining applicable terms and conditions.


    According to the legislation, the ownership of the matrimonial house by one of the spouses before the marriage does not make it exempt from division during divorce. It also does not matter which of the spouses is mentioned as the owner on the papers for the house since both have equal rights to it.

  • Spousal Support

    The spousal support in Alberta, also known as alimony, is provided under the request of one of the divorcing spouses. To claim spousal support, one of the spouses has to demonstrate the disadvantages resulting from the divorce and the other spouse's ability to pay. 


    When determining spousal support, the court considers such factors as:


    • Duration of the marriage

    • Income of each spouse

    • Ability to work and presence of any disabilities

    • Contributions to the marriage

    • Presence of other dependants, including children


    In determining the amount and duration of spousal support, the court would use the Spousal Support Advisory Guidelines. 

  • Adult Independent Partners

    The family divorce lawyers from Sinclair Law Office provide legal assistance both to married couples and adult independent partners (AIPs), who stay in a relationship formerly known as common-law couples. The new Family Property Act grants AIPs the same legislative rights as those of married people, including an entitlement to family property. 


    According to the Adult Independent Partner Act, the "adult independent partner" is the person who has lived with the other person in a relationship of independence :


    • For the period of not less than 3 years

    • For a lesser period if the partners have a child

    • When the relationship is established through the use of a contract

Child Custody and Support

Children are the most vulnerable family members and are always affected when their parents decide to separate or divorce. It is essential to develop an effective child custody strategy to ensure the protection of children's best interests.  Here are several areas related to parenting and co-parenting during a divorce where the Sinclair Law Office team can you.

  • Child custody

    Child custody includes the rights and obligations to provide a home and daily care of the child, as well as the right to make important decisions about the child. There are several types of child custody, including sole custody as well as shared, joint and split custody. 


    When the divorcing spouses do not have a sound custody arrangement, the court will choose the parent who will have custody of the child. When making a decision regarding child custody, the court will consider numerous factors, so it is essential to advise your legal counsel to ensure an effective child custody strategy.

  • Factors in deciding custody

    When deciding upon issues related to parenting, child custody and support, the court acts under the principle of the "best interests of the child." These principles also apply when choosing which parent will live with the child. Factors include:


    • If the parent has any issues with alcohol, drug use, behaviour or if there are other concerns that could prevent such parents from properly caring for the child,

    • The conditions proposed by the parent for the child, including housing conditions, school and location,

    • The nature of the child's relationship with both parents and who of them will serve as the best role model for the child.

  • Moving with children after divorce

    This question most often causes disputes between divorced spouses as you cannot move out of the province with the child without permission from the child's other parent or court order.  


    The list of these factors considered includes existing custody arrangements, the desirability of maximizing contact between the children and both parents, existing access arrangements, opinions of the children, the reason for moving out, and disruption to the children.


    It is recommended to consult with the Sinclair Law Office for proper application of the test criteria to your particular case.

  • Child support

    Child support is the amount paid by the non-custodial parent to the custodial parent for the purposes of dividing the financial responsibility for raising the children. In many situations, a court-ordered portion of child support is taken directly from the wages of the non-custodial parent.


    There are two types of child support, including the base child support and extra expenses. The base child support covers basic expenses related to clothing, food, and share in rent, mortgage and utilities attributable to the child. The other type of support is known as extra expenses to cover uninsured medical expenses, daycare, sports fees, and other similar costs.

  • Visitation rights

    A parent cannot prevent the other parent from seeing the child. Those parents who want to limit such contacts have to apply for a court order.


    There are certain rare and exceptional situations when a parent can do what is necessary to protect the children, for example, when there is a risk of harm to the child. However, even in such situations, the parent will need to go to court after the fact and ask for an order to prevent the other parent from seeing their children.

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Family Dispute Resolution

Dispute resolution in a divorce procedure can be one of the most challenging processes, taking the most time and effort. At Sinclair Law Office, we are well-versed in helping our clients resolve their family law issues both in and out of the courtroom, leveraging our skills as mediators and profound knowledge of family law. Here is a brief overview of all available means for resolving your family disputes as to the property, parenting or any other situation you may have when you divorce.

  • Mediation

    The changes to the Divorce Act, valid as of March 01, 2021, encourage the parties to a family dispute to try and resolve such a dispute outside the courtroom when appropriate. Mediation has long been known as means for dispute resolution in various fields of law and is equally applicable to family law disputes.


    It is wise to contact our team for our skills in family dispute resolution, including mediation. We can help you identify issues to discuss in mediation and work out possible solutions related to family issues, such as parenting, separation or divorce.

  • Collaborative Law

    Collaborative law can be one of the most effective ways to alternative family dispute resolutions. In a collaborative law process, you and your former partner enter into a Participation Agreement and agree not to bring any court applications while confirming full information disclosure.


    As collaborative law professionals, we assist you in working cooperatively with your partner to define your needs and expectations and to come to an agreement on the issues in question. The process can be participated by other professionals, including financial advisors or accountants to help you with specific issues.

  • Arbitration

    The Arbitration Act of Alberta allows divorcing spouses to settle their family disputes in the privacy of a lawyer's office. Instead of going to the public court and resolving the dispute following a formal legal procedure, the parties can appoint an arbitrator to make legally binding decisions and act in a role similar to a judge.


    At Sinclair Law Office, we can act as impartial arbitrators to provide you and your former spouse with the comfort of a more informal process. We are determined to work out reliable and credible resolutions to settle your family law-related disputes.

  • Negotiations

    Negotiations are the most direct method of family dispute resolution, involving you and your former spouse, as well as your legal advisors. In a negotiation process, the former partners or their lawyers discuss the disputed issues to come to a resolution.


    Sinclair's family divorce lawyers in Edmonton are skilled negotiators having many years of experience negotiating family disputes in and out of court with the divorcing spouses or their legal counsel. We leverage our negotiation skills and intimate knowledge of family law to help you reach the most effective solution to your family dispute.

  • Family law agreements

    Having a comprehensive legal contract in the first place is the most effective way to prevent and resolve a dispute, which may arise during or after a relationship. Families in Canada can use several types of written instruments to protect their rights when a relationship comes to an end.


    At Sinclair, we are well-versed in drafting all types of legal contracts pertaining to family law, including prenuptial agreements, cohabitation agreements for adult independent partners (common-law partners), separation and postnuptial agreements. We can help you through all stages of preparing, drafting and enforcing any of these agreements.

Our Services

Sinclair Law Office team in Alberta can help you with all your family law, civil law and criminal law matters. Our team includes experienced criminal attorneys and litigation lawyers to help you in any of your life's situations.

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Litigation Lawyers

Sinclair's team of litigation lawyers is known for their professionalism and efficiency in dealing with private law matters, including will and probate, breach of contract, employment issues, real estate issues and other areas of civil law. We can help you through all the stages of your civil law matter, from starting your case, providing for pretrial court appearances, collecting evidence, and representing you in a trial to ensure a positive resolution.

 

Our civil litigation lawyers are well-versed in alternative dispute resolution, including mediation and arbitration in your civil matter, helping you identify the legal issues, choose the most efficient strategy and negotiate with third parties. At Sinclair, we can help you draft effective legal contracts to ensure and protect your best interests in any situation.

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