About Family Law in Edmonton, Canada
Family law in Edmonton, Canada, deals with a variety of matters related to family relationships. It covers areas such as divorce, spousal support, child support, division of property, child custody, visitation rights, and adoption. These laws are regulated by both federal and provincial legislation, with the Alberta Family Law Act being one of most significant legal sources for family law matters in Edmonton.
Why You May Need a Lawyer
You may need a family lawyer in Edmonton for various reasons. Family lawyers can provide advice and representation in situations like filing for divorce or managing child custody agreements. They can also help in navigating the complexities of the family law system, making sure your rights are protected in cases of domestic violence, and negotiating financial settlements, among other things. Additionally, if you're considering adoption, a family lawyer can guide you through the legal process involved.
Local Laws Overview
Family law in Edmonton is primarily governed by the Alberta Family Law Act, and the Divorce Act for divorcing couples. It's important to note that common-law couples are now treated in the same way as married couples in matters of property division. Also, spousal support is viewed as an entitlement, and its determination is dependent on factors like the length of marriage, the role of each party in the marriage, and each party's earning capacity. The best interests of the child are paramount in decisions related to child custody and access.
Frequently Asked Questions
How is child custody determined in Edmonton?
Child custody in Edmonton is determined based on the best interests of the child. The court considers several factors like the child's emotional ties, the parents' ability to care for the child, the child's general health and wellness, and any history of family violence.
What does a family lawyer do?
A family lawyer in Edmonton offers legal advice, prepares legal documents and represents clients in family court proceedings. They can negotiate on matters like property distribution, child support, and spousal support on your behalf and can offer expert advice about your rights and obligations.
Do I need a lawyer to get a divorce in Edmonton?
While it's possible to get a divorce without a lawyer, it is generally a good idea to seek legal support. A lawyer can help navigate through the legal process, provide advice on your rights and obligations, and potentially help with negotiations or mediation.
How are assets divided in a divorce?
Assets are generally divided equally amongst the divorcing parties under Edmonton's family laws unless there is another agreement in place. This includes all property that was acquired during the marriage and property that grew in value during the marriage.
What is the role of a child in a custody decision?
While the child's preference may be considered, it is only one factor in the court's decision. The court prioritizes the best interests of the child, and there is no set age at which a child's preference becomes decisive.
Additional Resources
Edmonton has numerous resources that can assist with family law matters. The Edmonton Community Legal Centre offers free legal advice clinics. Alberta's Family Mediation Services can provide information and mediations to settle family matters outside of court. The Alberta Law Libraries also have accessible legal information about family law.
Next Steps
If you find yourself in need of legal assistance, you should first consider contacting a lawyer who specializes in family law in Edmonton. Prepare yourself for the first meeting by organizing all relevant documents. These may include marriage certificates, prenuptial agreements, correspondence with the other party, financial records, etc. Being well-prepared will allow your lawyer to accurately advise you on your situation and next steps.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be
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frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
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