We Help Good People Through Bad Situations
There can be many issues to resolve when a relationship breaks down and people decide to separate such as : how to parent while living apart; how to divide property; and how finances will be handled. The law is continually evolving.
Relationship breakdown can be difficult for a family as key relationships are in crisis. We believe in presenting to you clear information and options, so that the best course of action can be taken on your behalf.
At Miller Boileau Family Law Group we only practice Family Law. We do that for a reason – to provide excellence in legal representation. We feel that our clients deserve competent, focused, and compassionate representation. And we find that we can provide that by focusing strictly on Family Law.
Divorce & Separation
Our main job is representing people going through a divorce. We are on top of not only the newest in divorce, parenting, custody, access, support, and division of property laws, but we appreciate the emotional disruption a divorce or common law relationship breakdown causes.
We pride ourselves in the way we represent our clients, the results we achieve, and the reputation we enjoy within not only the legal community, but also with members of the community who refer their friends and clients to us. Most importantly, we value the relationships with our present and former clients.
In a relaxed setting, we combine our expertise with legal staff we trust and feel comfortable with. Our clients tell us they too feel at ease working with our Group.
All of this, with a view to providing you with quality legal service – practical analysis, supportive advice, and positive action.
One of the important areas to resolve is how to share what you and your spouse own and how to deal with any debts. Whether you have a simple estate or a own multiple businesses and properties, we offer guidance and advice to help you analyze and value all property. We’ll make sure that you understand the applicable laws in order to be able to make decisions in your best interests. Whether by settlement process or litigation, we work in conjunction with accountants, valuators, and other professionals so that you will have a comprehensive view of your best alternatives.
If you are no longer with the other parent due to relationship breakdown, while it may be your separation, it is your children’s story and they will tell it for the rest of their lives. We will guide and support you to make the best decisions regarding your children and their best interests. We understand a parent’s greatest concern — that of loss of time with one’s children; as well as a parent’s greatest fear — that of loss of relationship with and love from one’s children. With knowledge and experience that comes from court experience, as well as up to date understanding of child development, we will help you to achieve an optimal parenting plan.
Every parent has a legal obligation to support their children. The extent of that obligation will depend on many variables such as parenting arrangements, the parties’ incomes, number of children, ages of children, and the special or extraordinary expenses of the children. In situations where parents do not work for a straight salary or the parents are self-employed, determination of income can be challenging. Also challenging can be situations where future income and even continued employment is unknown. We help to make sense of these challenges to arrive at the appropriate amount of child support.
Spousal support is the most difficult area for separating spouses and partners to deal with. There are so many things to consider but at the heart of it is concern about the future. Am I going to be financially okay? Am I entitled to spousal or partner support? Do I have to pay support? Is it appropriate that we have different standards of living?
Determining whether there is entitlement to spousal support is the first step. After that, determination of income, both current and projected, is next. There may be questions surrounding future prospects, return to the workforce, current income versus past income, and determination of appropriate income where someone owns or operates their own business. In addition, tax considerations must be considered. We can help in understanding the various ways that spousal support claims can be dealt with.
Common Law & Adult Interdependent Partners
Recent changes to the laws in Alberta have codified property rights for parties who are not married but who have established a relationship of interdependence. Those in such relationships, known as “Adult Interdependent Relationships” (oddly referred to as “AIPs”) may have claims to the other’s property that may be treated in the same way as claims on legal marriage breakdown. It’s important to be aware that there are time limits to the ability to make such claims which time limits do not apply to claims arising out of marriage breakdown in the same way.
Prenuptial & Cohabitation Agreements
Where you and your spouse or partner do not wish to be governed by the legislation in the event of relationship breakdown, you may wish to enter into a formal Prenuptial or Cohabitation Agreement which will require Certificates of Independent Legal Advice in order to be binding. This is often the case in situations of second marriages or relationships; where there are children from a prior relationship; where one of the parties has more property than the other; or where one of the parties anticipates receiving property or earning more income than the other. Now, with recent changes to the laws in Alberta, people who choose to live together, but not marry, may wish to enter into a Cohabitation Agreement to ensure that in the event of relationship breakdown, their property is distributed according to their wishes rather than in accordance with the legislative scheme.