Advantage Family Law
Common-Law Separation
Resolving Common-Law Separation Disputes in Calgary
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Advantage Family Law focuses on separation and divorce law. Much of our practice involves common-law relationships that break down.
- Helping you to determine how much of the property/assets you are entitled to
- Making sure you receive or pay a fair amount of money for support
- Bringing closure to your relationship/making sure everything ends with as much clarity as possible
- Helping to ensure any children you have are properly taken care of by your former partner
Experience on Your Side
At our company, your separation issues will always be guided by a senior lawyer. We know your case is important, and we make sure you get the advice you need. The owner of our company, Christopher Bungay, has been helping clients for over 20 years.
Experience on Your Side
Originally from the Maritimes, Chris has practiced law in both Eastern and Western Canada, helping hundreds of clients along the way. For many years, he chaired a litigation firm in BC that spanned 3 cities and served hundreds of clients.
While Chris is new to Calgary, he is an old hand at practicing law. He has fought for clients before boards, tribunals and judges from coast to coast. He is a member of the both the Canadian Bar Association (CBA) and the Law Society of Alberta. In addition to being a full-time lawyer and dad, Chris is also president of the national charity Sober Kids Canada, an organization dedicated to helping families deal with substance abuse.
At our company, your separation issues will always be guided by a senior lawyer. We know your case is important, and we make sure you get the advice you need. The owner of our company, Christopher Bungay, has been helping clients for over 20 years.
Originally from the Maritimes, Chris has practiced law in both Eastern and Western Canada, helping hundreds of clients along the way. For many years, he chaired a litigation firm in BC that spanned 3 cities and served hundreds of clients.
While Chris is new to Calgary, he is an old hand at practicing law. He has fought for clients before boards, tribunals and judges from coast to coast. He is a member of the both the Canadian Bar Association (CBA) and the Law Society of Alberta. In addition to being a full-time lawyer and dad, Chris is also president of the national charity Sober Kids Canada, an organization dedicated to helping families deal with substance abuse.
We Care About Common Law Separation
Advantage Family Law cares personally about your situation. We fight for common law separation rights the same as we would for any divorce. No wedding ring does not mean you have no rights. We understand this, and we make sure your former partner understands this.
Common Law Separation:
What Are the First Steps?
After you decide the relationship is over, the first step is to obtain good legal advice. We suggest doing a web search to try and find a lawyer that fits your personality and situation. Most law firms will charge a fee for giving initial advice. We recommend trying to find a law firm that fits your budget, as well as someone who will take the time to meet you in person to review your history, assets, and goals.
Common Law Separation: What Are the First Steps?
Remember, meeting a lawyer one time for advice does not commit you to hiring that lawyer and spending thousands of dollars. The common law separation process is one step at a time, and meeting an experienced lawyer for an hour-long meeting should be your first step.
Most law firms will charge a fee for meeting a client to review their common law separation. Fees for these services can range between $200-$600 per hour.
Our firm charges $100 (plus GST) for a 45 minute meeting with an experienced lawyer to review your case.
After you decide the relationship is over, the first step is to obtain good legal advice. We suggest doing a web search to try and find a lawyer that fits your personality and situation. Most law firms will charge a fee for giving initial advice. We recommend trying to find a law firm that fits your budget, as well as someone who will take the time to meet you in person to review your history, assets, and goals.
Remember, meeting a lawyer one time for advice does not commit you to hiring that lawyer and spending thousands of dollars. The common law separation process is one step at a time, and meeting an experienced lawyer for an hour-long meeting should be your first step.
Most law firms will charge a fee for meeting a client to review their common law separation. Fees for these services can range between $200-$600 per hour.
Our firm charges $100 (plus GST) for a 45 minute meeting with an experienced lawyer to review your case.
Proving a Common Law Relationship
Before determining your rights, it will be necessary to prove that you and your partner had an “interdependent” relationship as defined by Alberta law. In other words, just because you lived together does not necessarily mean you will be considered a common law couple. In Alberta, an “interdependent” couple means people who have lived together for 3 years, or a couple who live together and have children (even if they have lived together less than 3 years). In either case, once that relationship ends, certain rights are triggered than can require payment or receiving of spousal support and dividing any assets/property between the former couple.
With respect to proving or disproving a common law/interdependent relationship, there are three (3) main ways we help our clients:
- If you wish to obtain spousal support or division of property, we can help you to prove you were in an interdependent, common-law relationship . Once we prove that, we can help you to obtain support and/or ensure you get the value of any shared property.
- If you feel your relationship was not common law/interdependent, we can help you to prove this and hopefully, avoid payment of spousal support or losing out on any of your property value.
- If you have children together, we work to ensure they are financially supported according to the law. We also make sure that you, the parent, are treated fairly in that process.
Determining Your Rights, Making Sure You Are Treated Fairly
After it is determined that your relationship was common law/interdependent, the next step will be determining your rights. In other words, we look at the overall picture of your relationship and give you an opinion on any property or money you are entitled to receive. We also let you know how much support you may be entitled to receive monthly (or pay monthly, depending on the circumstances).
Determining Your Rights, Making Sure You Are Treated Fairly
Our approach is to make sure our clients “know before they go”. This means that, before you legally cut all ties forever with your spouse, we want to make sure you are fully informed of your rights in a calm and objective way. At the end of a relationship, there is often a temptation for one spouse to agree to whatever the other person wants just to bring closure. Similarly, you may not be in an emotional state to know what is legally best for you or your children.
In determining your rights, we carry out a detailed review of all the finances in your relationship. We look carefully at the incomes of each spouse. We also examine the behaviours/roles of each spouse in the common law relationship.
After it is determined that your relationship was common law/interdependent, the next step will be determining your rights. In other words, we look at the overall picture of your relationship and give you an opinion on any property or money you are entitled to receive. We also let you know how much support you may be entitled to receive monthly (or pay monthly, depending on the circumstances).
Our approach is to make sure our clients “know before they go”. This means that, before you legally cut all ties forever with your spouse, we want to make sure you are fully informed of your rights in a calm and objective way. At the end of a relationship, there is often a temptation for one spouse to agree to whatever the other person wants just to bring closure. Similarly, you may not be in an emotional state to know what is legally best for you or your children.
In determining your rights, we carry out a detailed review of all the finances in your relationship. We look carefully at the incomes of each spouse. We also examine the behaviours/roles of each spouse in the common law relationship.
Protecting Your Rights: Property Division After Common Law Ends
Most new clients we meet believe (often correctly) that the law tries to divide assets between couples 50/50 after the relationship ends. While this is often true, we help our clients understand there are exceptions to the 50/50 rule. By helping you understand this, we make sure that you do not get less or pay more from the assets than what is fair according to the law. The following are some examples when the 50/50 rule does not always apply:
Partner reckless with money
There may be situations where one partner in the common law relationship is reckless with the couple’s finances. Sometimes, when this occurs, the other non-reckless spouse may be entitled to greater than 50% of the assets. An example is when an ex-partner gambles away his money or makes other foolish spending decisions before the couple’s property is legally divided. In such a case, a judge might order that the non-reckless spouse is entitled to more than 50% of the value of the couple’s property.
Property/assets owned before you lived together
Sometimes, one spouse may have owned property before the couple started living together. In those circumstances, the other spouse (who came along after the property was bought) may not be entitled to any of that property.
Property acquired through gifts or inheritance
During a common law relationship, one partner may receive a gift of property from someone, or he/she may receive money from an inheritance. The law in Alberta states that, in most cases, these types of assets are owned by that person exclusively and are not divided between the couple after separation.
Advantage Law: We Get to Know You, and We Help You
We are a small, experienced legal team. Our smaller size means we get to know you well. In common law separation, knowing your client is very important. Small details about income or your partner’s behaviour can mean the difference between getting a fair separation or getting taken advantage of. Let us help you bring closure to your relationship, be treated fairly, and move on with your life the best you can.