The law is usually the last thing we think about when we think about family. When we think about our family we tend to think about spending time together, building a home together, and working together to build a future. Yet in reality forming a family is a complex legal matter, as is dissolving one.
Whether you’re just getting started on your family journey and need a prenuptial or are dissolving a marriage and need divorce support, the team at Merchant Law can help. Our firm’s most senior local family law lawyers have decades of experience and the skills to help you protect your future.
How do I get a divorce in Calgary?
To get a divorce you must live separate and apart for one year. We recommend putting together a temporary separation agreement during that time to handle issues like spousal support and child support.
Once you’ve lived apart for one year you can file a Statement of Claim for Divorce with the Clerk of the Court of Queens’ Bench. You must also serve your spouse with a copy.
Your Statement of Claim serves as your initial proposed divorce settlement. If your spouse agrees with all of the terms of the divorce as outlined in the document you have an undefended divorce. If your spouse would like to see a different arrangement you must enter settlement negotiations.
If you and your spouse cannot settle then the matter must go to court.
There are ways to start the process even if you have not lived separate and apart for one year, but you will have to prove that your spouse committed adultery that you did not condone or support, or that your spouse committed acts of cruelty. Often, living apart is the easier path.
How much does a prenup cost?
A prenup is far less expensive than a divorce and can save you a great deal of money should the marriage dissolve. The typical prenuptial agreement costs anywhere from $500 to $2000. The typical divorce in Calgary can cost as much as $25,000, especially if it is contested.
Your prenuptial agreement will cover the division of assets, will protect some of your current assets as non-marital property, and will address issues like spousal support. If you get a divorce in the future child custody and child support will be the only issues left on the table.
In order for your prenup to be valid both parties must have their own lawyer representing their interests. Reach out to us to help you draft yours.
Why Merchant Law?
Our top family law lawyers have decades of experience. We’ve served the Calgary community for many years and have handled hundreds of cases like yours. Many of our lawyers have been published in prestigious family law journals. We’ve handled challenging divorce cases like high net worth divorces and farm divorces, and we can handle your case too.
Get started today by scheduling a consultation. Call (403) 237-7777 today.