Contemplating the end of a marriage can be challenging but, often, preparation is the difference between a divorce that passes through the Alberta family law system relatively smoothly and one with considerable delays, expense, and stress.
Divorce preparation can save many headaches—as well as time and money—and also help you preserve family relationships, which is often a key consideration for couples with children.
Here are some important steps to prepare for divorce in Alberta if you are considering ending your marriage.
Organize your financial records
When married couples separate, a division of the finances is usually necessary as each spouse pursues a life independent of each other.
Depending on the circumstances and length of the marriage, this financial division can become elaborate and complex, leading to disputes over assets and debts.
In many marriages, one spouse looks after the finances and the other happily avoids the issue. When you prepare for divorce in Alberta, both spouses should be involved in organizing financial records and preparing for the financial split. This can be tough, especially at such an emotional and disruptive time—but it is necessary.
You should gather and copy as much financial information as possible, including:
- Bank statements
- Investment account statements
- Credit card statements
- Loan applications
- Retirement account and pension statements
- Tax returns (for at least three years)
- Credit reports
- Mortgage statements
Also, start detailing any valuable personal items, such as vehicles, jewelry, artwork, etc. as this will need to be included during the marital property division process.
Start developing an individual credit history
When you are divorced, a joint credit history may not help you much, so it is important to prepare for the new financial reality by starting to develop an individual credit history again.
To start developing your financial independence, consider doing the following:
- Open a bank account in your name for day-to-day expenses
- Apply for a credit card in your name for any larger purchases you need
- Switch the payments for the car, house, etc., to your name only if it is mutually agreed to be your property.
Consider closing joint financial accounts
Marital property will need to be divided from the date of separation or divorce, so it is usually a good idea to draw a line under your joint financial relationship by closing joint accounts after both parties have opened up accounts in their own names.
If the joint account cannot be closed immediately, try to use it sparingly—even if the divorce is amicable. If in doubt, consult with your divorce lawyer about taking any actions that could risk complicating the divorce process.
Understand your divorce options
Your divorce preparations may depend on whether the separation is amicable or likely to be contested. Either way, you will need to stay across your legal options at each step because the decisions you make now can greatly affect your future after the divorce.
To fully understand and protect your legal rights and responsibilities, you will need a good divorce lawyer but, meanwhile, bear in mind these considerations when planning for divorce:
Uncontested or contested divorces
It is best to assume that there will be contested issues in a divorce—that is normal. Whether there are disagreements over the children, financial division or support payments, divorcing couples often contest matters—but that does not necessarily lead to a trial.
In fact, divorce trials are the exception to the rule in Alberta. Most divorce matters can be addressed by alternative dispute resolution methods (see mediation below) or collaborative law (negotiations between lawyers representing each party).
Where the divorce is very amicable and couples agree on all matters without the need for court intervention, an uncontested divorce can proceed through the Alberta court system.
Separation agreements
Separation agreements set out the legal terms of separation in writing when couples part, addressing the key issues involving children, marital property division, spousal support, etc.
These agreements usually require the skills of a divorce lawyer to draft and must be approved by the Alberta courts before the divorce can be finalized.
Mediation
Divorce mediation may help couples resolve key differences and avoid direct court intervention during a divorce. Mediation sessions are usually voluntary and may be led by qualified lawyers or trained, independent mediators.
Mediators attempt to facilitate agreements between disputing parties and may provide alternative options and solutions that the couple has not yet considered. Sessions take place in a private, confidential setting. The final decision-making power remains with the divorcing couple—not the mediator—and a resolution can prevent further disputes and potential divorce litigation.
Set clear goals for divorce mediation
Mediation can help couples reach agreements and maintain the parental relationship after a divorce—which usually benefits the children.
However, mediation only works if spouses both want a non-litigated outcome, are prepared to be flexible, and set clear goals. Your mediator will help you with this depending on circumstances but, generally speaking, you will need to consider the following:
- Your main priorities for the mediation session(s)
- Your long-term goals, e.g., healthy and happy children, financial security, etc.
- Your expectations for the financial separation, support, etc.
- The outcomes that you want to avoid, such as a negative impact on your children, financial uncertainty, etc.
Prioritize your children’s best interests
If you have children, it should go without saying that a child’s best interests come first—but parents in Alberta are legally responsible for following this standard. Otherwise, the family court system will intervene to protect the children’s interests.
When you sit down with the other parent, focus on how you can both provide for your children’s immediate day-to-day practical needs (food, shelter, transport, etc.) and longer-term needs (health, well-being, education, nurturing environment, etc.).
Ideally, as parents, you work on how to best collaborate to improve the outcome for your children and minimize any negative impact from your separation.
It is especially important to avoid using the children as “bargaining chips” or ways to punish your spouse for perceived “fault” during the marriage. The Alberta courts will view any such behaviour in an extremely negative light.
Hire an experienced Calgary divorce lawyer
Hiring an experienced Calgary divorce lawyer with your best interests at heart and seeking collaborative outcomes will help you prepare for a divorce.
Litigation should be viewed only as a last resort. As you have seen, many legal options exist for settling disagreements and disputes during divorces. It is generally in your best interests to seek resolutions through mediation or collaboration rather than court intervention.
Experienced divorce lawyers can guide the process, explain your legal options and the consequences of decisions, and prevent a disagreement from turning into a costly, highly contentious dispute.
If you live in the Calgary area and need assistance with any matters concerning divorce, the experienced lawyers at Jennings Family Law can help you. Call (403) 316-0138 to request a confidential consultation, contact us directly online, or email Warren Jennings directly at warren@jenningsfamilylaw.com.
