Family Law
Fixed Pricing
Many families struggle financially when they are unable to reach acceptable settlements. Some people pay so much money for lawyers that they become inspired to build a whole business: Fairway Divorce was established after the founder spent over $100,000 on lawyers during her divorce!
To help you access legal services during your family’s transition, the following are some of the fixed prices offered:
- Cohabitation and Prenuptial Agreements $1,450
- Separation Agreements $1,600
- Travel Authorizations (and other notary services) $20
Litigation
As Access Law moves forward, I will be experimenting with different pricing models. The default is the industry’s default, which is billing on an hourly rate; my hourly rate is $275/hour (this is highly competitive; I am able to bring this value by streamlining and cutting out overhead).
If you would like to discuss fixed pricing for litigation, please let me know.
Family Law: a three-legged stool
Family law matters in Alberta encompass various aspects that arise when relationships break down. Understanding key areas like property division, support, and parenting is crucial for individuals facing family law issues.
Property Division
Dividing property can be complex. The Family Property Act is the go-to legislation, but numerous reported cases have addressed many unique situations. Does debt get divided? What if the debt was entirely in one person’s name? What if the car or house was entirely in one person’s name? What about help from parents? What if one person declares bankruptcy? Do I actually have to pay all those gold coins from our Nikkah? (And what is a “Nikkah”?)
Even if you brush over all the the complexities and negotiate your own deal, thanks to the Family Property Act, that deal is not binding. Unless you retain a lawyer.
Support - Child Support
In Canada, Child Support is the right of the child, and is not a bargaining chip. The law imposes limits on what you can agree to.
The other aspect of Child Support is that it is based on income. Sometimes just deciding what the actual income is difficult, particularly where a parent owns a business. Other times, the law does not care what the actual income is, and will impute an income! This is to address those problems where a parent might avoid paying support by working for minimum wage at a family company, or just going to university with student loans until the children grow up.
To ensure that you are applying the correct Child Support Guidelines, and applying the Guidelines correctly, even a brief consultation with a lawyer can be helpful.
Support - Partner Support
“[M]arriage creates interdependencies that cannot be easily unraveled“. And so begins one of the most contentious and uncertain aspects of a separation. How much did you invest in each other, and how much of that investment will the law recognize? Partner Support in Canada comes from the Divorce Act, the Family Law Act, Spousal Support Advisory Guidelines, and many, many cases.
Parenting
With children involved, separating parents need to figure out parenting schedules, rights of contact, how to make decisions. The law in Canada is child-centred. There is one legal question that the courts all ask: “What is in this child’s best interests?”
Often, the answer to that question is, “Stay out of court!” However, a lawyer can play an instrumental role by advising you on non-legal co-parenting options, and when you might need to go into that court after all (after trying to stay out).