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Technically… no, you don’t need a separation agreement in order to get divorced.  You can set out your agreements in your divorce application, but it can get extremely complicated to do so if you don’t have all the details worked out.  In an agreement, usually the items set out include some or all of: a parenting plan, child support, spousal support, and division of property.

A separation agreement can be in many forms – sometimes you need a lawyer to draft the agreement to make it final and legally binding, and sometimes you can do it yourself with a witness.  Talk …

This is a topic I hold dear to me because of the positive effects it can have on families going through separation & divorce.

Collaborative Family Law is a structured process which offers families an alternative to court in resolving their family dispute.  It allows parties to focus on what is important to them and to their families in order to reach an acceptable solution.  Parties effectively reduce their conflict and get to a resolution much faster than in a litigated settlement.

At the start of the process both parties and their lawyers sign a Participation Agreement committing to establish an open …

Although the month of January is coming to a close very quickly, it still bears bringing to light the fact that January is International Child-Centered Divorce Month.  It was started by Rosalind Sedacca in theUSA who wanted to bring together divorce professionals who would focus one month of the year on providing local educational events, discussion groups, and other activities for divorcing parents and those contemplating divorce.  InLloydminster, we don’t have any such events, but this article is my way to participate in a small way in the movement.

I thought I would share Rosalind Sedacca’s list of the “10 Biggest …

You are in the right frame of mind. If you are thinking of leaving, and aren’t sure of your next steps, it doesn’t hurt to do some research.  I highly recommend that your first stop be to seek the advice of a divorce professional.  This may seem self-promoting, but there’s a reason for it.  In my practice, I provide initial consultations with no obligation to retain my services.  This consultation may be used as a way to figure out what you need to be thinking about when you actually decide to leave the relationship.  You can use this appointment to …

What do children in the midst of their parents’ high conflict divorce want for Christmas? Ask them… they’ll tell you they want freedom from conflict – a gift that will last a lifetime.  Wouldn’t that be a special gift for your children?

When parents talk about how they will share holidays and special occasions, many parents express that they simply want to “share holidays by mutual agreement”, leaving the exact allocation of time to a discussion closer to the actual holiday.  Let me tell ya… there’s a reason why I and many family lawyers/mediators discourage this level of generality.  It is …

When you are travelling this holiday season, do yourself and your kids a favour – get a Consent to Travel form signed by the non-travelling parent in front of a Notary Public or a Commissioner for Oaths.  This is not only required for divorced/divorcing parents – it’s anytime you are travelling without the other parent (I’m married, and I’ve been asked for it every time I travel alone).

Technically, you only need this form for travel outside ofCanada.  If you want to do it yourself, you can go on the Transport Canada website and they have a form for you to …

The process to apply for legal aid is slightly different in Saskatchewan and in Alberta.

FINANCIAL ELIGIBILITY: In both provinces, you must contact the regional legal aid office to apply for assistance from a legal aid lawyer. Each province will screen its applicants for financial eligibility. In Alberta, you will be screened based on your income. In Saskatchewan, you will be screened based on both your income and your assets.

LAWYER QUALIFICATIONS: In both provinces, legal aid lawyers are all qualified lawyers who graduated from law school, just the same as lawyers who are privately retained. In Alberta, …

Yes…Yes…Yes. I have clients come in to see me about this on a regular basis. Some clients think that they can dangle parenting time in front of the other parent as a tool to ensure that support is paid, and paid on time.

Legally speaking, the two concepts – support and parenting time – are separate issues.

The amount of child support one parent must pay to the other is based on the Child Support Guidelines which talks about support being based on where the kids live, the parents’ income, the amount of time the children spend with each parent, etc. Even …

In Alberta, new legislation was passed on February 1, 2012 with sweeping changes to how marriage and divorce affects your will. 

It used to be that entering into a marriage or an Adult Interdependent Partner Agreement revoked any existing will.  Under the new legislation, these events do not revoke an existing will.  However, if you do not change your will to include your new spouse, you could have trouble looming after your death with a claim on your estate by your spouse (that’s for another article…).

In Saskatchewan, it is still the case that entering into a marriage or into …

You mean you still have to work with your ex on issues regarding the kids after the divorce has been finalized? Imagine that!

Some clients wonder why I encourage them to choose a divorce process that will allow them to be able to (and even want to) communicate with their ex post-divorce.  Extra-curricular activities often consume a great deal of your kids’ out-of-school time.  It is helpful if you have a good working co-parenting relationship with your ex, because it will then be more likely that you will co-operate to get the kids where they need to go, on time.

Think about …