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Services

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Separation & Divorce

Navigating the end of a relationship is rarely easy, but moving forward doesn’t have to feel overwhelming. At Aspen Family Law, we help you understand your legal options, protect your rights, and work toward a clear, peaceful resolution so you can begin your next chapter with confidence.
 

Whether you are married or in a common-law relationship, ending a partnership involves key legal steps—from establishing your formal date of separation to addressing property division, support, and parenting arrangements. For married couples, obtaining a divorce under Canada’s Divorce Act requires demonstrating marriage breakdown (most commonly by living separate and apart for one year).
 

We handle both simple uncontested divorces—where you and your former spouse agree on all terms and simply require court processing—and contested divorces, where legal guidance is needed to resolve complex disputes. Our approach prioritizes constructive negotiation to keep conflict low, while ensuring your interests are fully protected every step of the way.

Parenting & Child Custody

When families transition, protecting the well-being of your children is always the top priority. Canadian family law centers entirely around the best interests of the child, focusing on stability, emotional safety, and healthy parental relationships rather than rigid concepts of win or lose.
 

Under the updated Divorce Act and provincial family laws, traditional legal terms like "custody" and "access" have evolved into clearer, child-focused terminology:
 

  • Decision-Making Responsibility: Determining who makes major life decisions regarding your child’s health, education, religion, and significant extra-curricular activities.
     

  • Parenting Time: Establishing a predictable, structured schedule for when the child is in each parent’s care.
     

  • Guardianship & Contact: Ensuring trusted adults maintain meaningful legal relationships and connection with the child.
     

  • Relocation & Mobility: Navigating legal requirements if one parent intends to move with the child.
     

We work collaboratively with you to craft tailored, comprehensive parenting plans that minimize conflict and provide your children with the certainty and love they need to thrive.

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Spousal & Child Support

Financial predictability is essential when establishing a separate household. Canadian family law is designed to ensure children continue to benefit from the financial support of both parents, and that former partners experience a fair transition after separation.
 

Child Support

Every child has a legal right to financial support. Child support is calculated using the Child Support Guidelines, based primarily on the paying parent’s income, the province of residence, and the number of children. We assist with:
 

  • Determining standard monthly base support (Sections 3 and 9).
     

  • Calculating contributions toward special and extraordinary expenses, such as childcare, medical costs, and post-secondary education (Section 7).
     

Spousal Support

Spousal support is not automatic. It depends on factors such as entitlement, length of the relationship, roles assumed during the partnership, and income disparities. Using the Spousal Support Advisory Guidelines (SSAG) as a starting point, we help calculate appropriate support amounts and durations for your particular circumstance —whether paid as ongoing monthly support or a lump-sum settlement.

We also assist with modifying existing support orders when significant income or life changes occur.

Property & Asset Division

Dividing a life you’ve built together requires both financial precision and clear legal guidance. When dividing shared family property acquired during a common law relationship or marriage, our goal is to ensure a fair, transparent outcome that protects your financial future.
 

In Canada, provincial family legislation governs how assets and debts are divided upon separation. This process generally involves identifying, valuing, and equitably sharing:
 

✅   Real Estate & Family Homes: Determining options for buying out a partner, selling, or structuring possession.
 

✅   Pensions, RRSPs & Investments: Accurately valuing and splitting retirement funds and investment portfolios.
 

✅   Corporate & Business Assets: Interpreting and applying business valuations, private share structures, and self-employed income in family property division.
 

✅   Debts & Liabilities: Equitably allocating joint mortgages, lines of credit, and personal loans.
 

We guide you through full financial disclosure, identifying hidden complexities, and structuring property settlement agreements that provide long-term stability and peace of mind.

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Mediation, Arbitration, Alternative Dispute Resolution

Court is not the only way to resolve family disputes—and for many families, it isn't the best way. Alternative Dispute Resolution (ADR) offers a private, respectful, and cost-effective path to resolving parenting and financial issues outside the courtroom.
 

Family Mediation

In mediation, a neutral third-party mediator helps both partners communicate constructively, explore options, and negotiate a mutually agreeable resolution. Mediation allows you to retain control over the final agreement rather than leaving life-changing decisions to a judge.
 

Mediation Roles

We support clients across all aspects of family dispute resolution—serving either as neutral third-party mediators and arbitrators, or as legal advocates representing individual clients in mediation.

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Choosing an out-of-court approach saves time, reduces financial costs, and protects family relationships—especially important when co-parenting children into the future.

Court Representation & Litigation

While resolving matters amicably is always our preference, some situations demand strong legal intervention. If your former partner is uncooperative, withholding financial information, or engaging in high-conflict behavior, litigation provides a structured legal forum to protect your rights.
 

We provide assertive, strategic court representation in provincial and superior courts across Alberta and British Columbia. We assist clients with:
 

✅   Emergency & Interim Applications: Securing urgent court orders for parenting arrangements, interim support, or preventing the dissipation of assets.
 

✅   Protection Orders & Exclusive Possession: Ensuring personal safety and securing immediate occupancy of the family home where necessary.
 

✅   Enforcing Disclosure: Compelling non-compliant parties to provide required financial documents under court order.
 

✅   Trial Advocacy: Presenting clear, evidence-based arguments before a judge to achieve a binding court order.
 

Even when court applications are filed, our focus remains centered on achieving a fair resolution efficiently while protecting you and your family every step of the way.

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