Instead, the court looks at the child’s views and preferences as one factor in determining the child’s best interests under the Family Law Act and Divorce Act.  The wishes of young children is not given much consideration, as they are still developing emotionally, cognitively and psychologically.  They are not old enough to understand the ramifications of decisions they make.

Once children get into their teens, their preference may be given more consideration, depending on the reasons for their choice, but the Court still has the final say, and may determine that the child’s choice is not in their best interests.

How does the child’s viewpoint get communicated to the court?

If there is high conflict between the parents, getting an objective voice to provide  the court with the  child’s views and preferences (as opposed to the conflicting information from each parent regarding what the child “wants”) can be obtained in various ways:

Appointment of a lawyer for the child:

The Court can order that an independent lawyer be appointed for the child.  The lawyer must have special training to take on this role.  It involves meeting with the child and getting a “picture” of the child’s life in each home.  Using special interview skills, the lawyer can collect information from the child without asking the child who they want to live with which is not appropriate –   the child’s opinion can change from one day to the next, or they may not be at a stage of development where they can evaluate their decisions.

Having a lawyer represent the child requires a Court Order referred to as “Order to Appoint Child’s Counsel”

Voice of the Child Report:

The Court can also order that a psychologist, approved by the Court, meet with the child, and present their report to the Court.  To be approved, the psychologist must have special training, which is quite extensive, and experience.  The Report is usually quite extensive and can make recommendations on what steps might assist the parents to work together, but cannot make a recommendation on who should have primary care (commonly known in the past as “custody” of the child).

Contact us today at 780-960-8100 or visit mainstreetlaw.ca/business-law-lawyer to schedule your consultation.

The post At What Age Can My Child Tell Me Who He/She Wants To Live With appeared first on Main Street Law Llp.

If this is your first Christmas post-separation, it’s important to acknowledge one thing:

Yes—Christmas will look different. And that’s okay.

It will not be the Christmas you’ve always known. But different doesn’t mean lesser. This season offers you the opportunity to create a new normal—one built on peace, stability, and connection for both you and your children.

Understanding Your Child’s Perspective

Children feel the shift deeply, especially during traditions that once looked a certain way. They may worry:

• “Who will I be with on Christmas Day?”
• “Will I see Mom AND Dad?”
• “Will Santa know where to find me?”
• “Is it okay to be excited about time with my other parent?”

Even if they don’t say it aloud, children often carry anxiety about trying to “balance” holiday joy between both homes.

Your role as a parent is to help release that pressure.

Showing genuine— or even pretended—interest in the fun they had with their other parent helps them feel safe. When your child shares excitement, meet it with warmth. This emotional safety gives them permission to enjoy Christmas without guilt or fear.

Flexibility: The Alberta Holiday Superpower

In Alberta, winter storms, icy roads, and long distances can wreck even the best-laid plans. But flexibility doesn’t weaken tradition—it strengthens it.

Try shifting the focus from the date to the experience.

Whether you celebrate on December 24th, 25th, 27th, or even January 2nd, your child will remember the feeling of Christmas—not the calendar.

Creating Your New Holiday Rhythm

Here are a few ways to build stability and comfort during this transition:

1. Create Traditions That Work in Both Homes

Stockings, a special breakfast, matching pajamas—double traditions can bring comfort and predictability.

2. Share a Consistent Santa Story

Reassure kids that Santa knows where they’ll be and visits both homes. Aligning your stories helps ease their worries.

3. Plan Early, With Wiggle Room

Weather and distance are Alberta realities. A shared co-parenting calendar can help keep communication clear and reduce stress.

4. Let Go of Perfection

Your first Christmas after separating may include emotional moments—grief, nostalgia, laughter, gratitude, all mixed together. That’s normal. Give yourself permission to feel what you feel.

You Are Not Ruining Christmas

Many parents fear their separation will “ruin” Christmas for their children. It won’t.

What children remember most is love, warmth, and being able to enjoy time with both parents without guilt. You may not be able to control every detail, but you can create a Christmas grounded in compassion, stability, and peace.

This year, let yourself rewrite the meaning of Christmas.
Your new traditions will grow with you—and over time, they’ll feel just as real and magical as the old ones.

Reach out to our Family Law team with any questions about separation or divorce.

The post Finding Your New Normal This Holiday Season appeared first on Main Street Law Llp.

At Main Street Law, we frequently see clients who wish they’d tackled a few key discussions before moving in. While it’s not about expecting the worst, it’s about being informed, prepared, and fostering mutual respect. Whether this is your first home together or a progression after years of dating, here are three essential legal conversations to have before signing that lease or mortgage. 

1. How Will You Share Finances and Household Expenses? 

Money becomes an integral part of daily life when you live together, even if you aren’t legally married. Agreeing on how to handle expenses and finances upfront can prevent misunderstandings later. 

Questions to Discuss 

• Will you open a joint bank account or keep finances separate? 
• Who is responsible for paying the rent or mortgage, utilities, and other household bills? 
• How will you divide expenses if one partner earns significantly more than the other? 
• If one partner owns the home, will the other contribute to the mortgage, and what does that mean for ownership? 

Why This Matters Legally 

Financial contributions made while cohabiting can lead to disputes if the relationship ends. For example, if one partner helps pay down the other’s mortgage, they might later claim an interest in the property without a prior agreement in place. 

Pro Tip 

Write down your agreements around finances. While it doesn’t have to be overly formal, documenting shared responsibilities creates a clear understanding. For added security, consider formalizing your arrangement in a cohabitation agreement, with the help of a lawyer. 

2. Who Owns What—and What Happens If Things Change? 

When you move in together, you each bring personal belongings—furniture, electronics, perhaps even a beloved pet. Over time, you’ll accumulate more shared items, from appliances to sentimental purchases. Sorting out ownership in case of a breakup can be challenging without a plan. 

Points to Consider 

• What items do each of you own individually versus jointly? 
• How will shared purchases, like furniture or a car, be divided if the relationship ends? 
• Will you take steps to protect inheritance or family-owned assets? 

Why This Matters Legally 

Under Alberta’s laws, common-law partners who have lived together for 3 or more years, or have a child together generally share the same property rights (also known as Adult Interdependent Partners) share the same property rights as married couples. Without clear documentation, disputes over assets can arise. 

Pro Tip 

A cohabitation agreement can outline ownership of property and provide a framework for dividing assets fairly if the relationship doesn’t work out. It’s particularly useful for blended families, second relationships, or couples with significant pre-existing assets. 

3. What Are Your Expectations If the Relationship Ends? 

Talking about a potential breakup while moving in might feel uncomfortable, but it’s one of the smartest things you can do. Planning for “what if” scenarios now can save you from tremendous stress later. 

Questions to Ask 

• If the relationship ends, who would stay in the home? 
• Will one partner buy out the other’s share, or will you sell and split the proceeds? 
• What happens to jointly held savings or shared debt? 
• If there are children from a previous relationship, how will parenting responsibilities be honored? 

Why This Matters Legally 

Without a written agreement, separating couples often face uncertainty and disputes over finances, property, and living arrangements. Building an exit plan into a cohabitation agreement can help ensure a smooth transition and avoid unnecessary conflict. 

Pro Tip 

Think of this conversation as a sign of mutual respect and maturity. A basic plan doesn’t mean you’re preparing for failure—it shows you value clarity and fairness in your relationship. 

What Is a Cohabitation Agreement? 

A cohabitation agreement is a legally binding document that defines the rights and responsibilities of both partners while living together. It can cover key issues such as: 

• Ownership of property. 
• Division of expenses. 
• Allocation of joint debt. 
• Arrangements for children from previous relationships. 
• What happens in the event of a separation. 

Who Needs One? 

While not every couple requires a formal agreement, it’s especially important in situations where: 

• One partner owns the home. 
• There’s a large income or asset disparity between partners. 
• Either partner has children from a previous relationship. 
• You plan to stay together long-term without marrying. 

Isn’t This Just for Common-Law Couples? 

Mostly. Under Alberta law, couples become “common-law” (recognized as Adult Interdependent Partners) after living together for three or more years, having a child together, or signing an agreement. Common-law partners have different legal rights compared to married couples, making these steps vital. 

That said, even married partners can benefit from clarifying finances and property ownership—especially in blended family situations or when one partner acquires significant assets before moving in together. 

How Main Street Law Can Help 

Starting your life together on a strong foundation is about more than love and excitement—it’s about clarity, communication, and shared understanding. At Main Street Law, we make these conversations straightforward and approachable while helping you protect your future. 

We Offer Guidance On 

• Financial and property rights for cohabiting couples. 
• Drafting and reviewing cohabitation agreements. 
• Advising on joint ownership, shared expenses, and future planning. 
• Navigating legal options if your relationship changes. 

Our experienced family lawyers serve couples in Spruce Grove, Edmonton, Drayton Valley, and surrounding communities. No matter how long you’ve been together, it’s never too early to understand your rights and safeguard your future. 

Move Forward With Confidence 

Moving in together should be exciting—not uncertain. By having these legal conversations and exploring smart steps like a cohabitation agreement, you can focus on building a life together with peace of mind. 

Call Main Street Law today at 780-960-8100 or visit mainstreetlaw.ca/family-law to book a consultation. 

Together, we’ll help you protect your future and make this new chapter a positive and secure experience! 

The post Moving in With Your Partner? 3 Legal Conversations to Have First  appeared first on Main Street Law Llp.

Although people often use these terms interchangeably, they mean very different things in a legal context. If you’re thinking about ending your relationship, understanding the distinction is key to knowing your rights and responsibilities. 

What Does it Mean to Be Separated? 

Separation occurs when you and your partner decide to end your relationship and stop living as a couple. Importantly, you don’t need to file paperwork or go to court to be considered separated in Alberta. You’re legally separated as soon as you meet one of the following conditions: 

• You no longer live together. 
• You still live in the same household but no longer function as a couple (e.g., sleeping in separate rooms, handling finances independently, and no longer sharing meals or activities as partners). 

This applies to both married spouses and common-law partners. 

Key Point 

Separation does not equal divorce. You can remain separated for years and still be legally married. 

What is Divorce? 

Divorce, on the other hand, is a formal legal process that ends a marriage. This requires filing documents in court and obtaining a divorce judgment. 

To be granted a divorce in Alberta, you must demonstrate that your marriage has broken down. There are three primary grounds for this under the Divorce Act: 

1. One Year of Separation

   No-fault divorces are the most common in Alberta. Typically, couples must be separated for at least one continuous year. 

1. Adultery

   Infidelity can be grounds for a fault-based divorce. 

1. Mental or Physical Cruelty

   This includes abuse that makes it intolerable to continue the relationship. 

Once your divorce is finalized, you are no longer legally married. This allows you to remarry if you wish. 

Why People Stay Separated Without Getting Divorced 

There are many reasons people choose separation without filing for divorce, including: 

• Financial or Emotional Readiness

  Some individuals need time to process the emotional and financial implications of divorce. 

• Religious or Cultural Beliefs

  Divorce may conflict with someone’s personal or religious values. 

• Immigration Concerns

  Staying married might benefit a spouse’s immigration status. 

Remaining separated without divorcing is perfectly legal. However, separation doesn’t automatically resolve important issues such as asset division, parenting responsibilities, or financial support. This is where a separation agreement comes in. 

What’s a Separation Agreement? 

A separation agreement is a legal document that outlines how you and your former partner plan to handle major aspects of your separation. This may include decisions about: 

• Living Arrangements

  Who stays in the family home? 

• Parenting

  Time spent with children, decision-making responsibilities, and vacation schedules. 

• Child and Spousal Support

  Financial obligations to support the children or partner. 

• Division of Property and Debt

  Splitting assets (like homes or savings) and debts. 

Why It’s Important 

Even if your separation is amicable, having a lawyer draft or review your agreement ensures it’s enforceable and protects your rights in the long term. 

Property Division During Separation and Divorce 

Whether separated or divorced, the division of property follows Alberta’s Family Property Act. This legislation applies to married couples and Adult Interdependent Partners (common-law couples). It generally requires a fair division of assets and debts acquired during the relationship. 

Timing Matters 

The date of separation is typically used as the “cut-off” for determining how property is divided. Even if you stay separated for years, that date becomes key in determining who gets what. 

Parenting and Child Support 

Separation and divorce don’t change your parenting rights or obligations. Alberta law prioritizes the best interests of the child regardless of the parents’ marital status. 

During separation, you and your ex-partner can create a parenting plan that outlines arrangements such as: 

• Where the children will live. 
• How decisions about health, education, and activities will be made. 
• A holiday and vacation schedule. 
• Agreements regarding child support payments. 

These agreements can be formalized and submitted to the court for added protection, ensuring everyone’s responsibilities are clear. 

When to Move From Separation to Divorce 

There’s no universal timeline for transitioning from separation to divorce. However, the following signs might indicate it’s time to take that next step: 

• You’ve been separated for over a year and want legal closure. 
• You want the ability to remarry. 
• You’ve already sorted out key issues (parenting, property, support) and want a final order. 
• You’re ready to emotionally move forward. 

Tip: You don’t need to resolve every issue before filing for divorce. You can file while continuing to negotiate or litigate terms. 

Common Myths About Separation and Divorce in Alberta 

Myth 1: “We live in the same house, so we’re not separated.” 

Truth: You can be separated while living under the same roof, provided you’re no longer functioning as a couple. 

Myth 2: “Separation requires going to court.” 

Truth: Most separations and divorces are resolved through agreements or mediation, not courtroom battles. 

Myth 3: “We’ve been separated for years, so we’re divorced.” 

Truth: You remain legally married until a divorce court order is granted, no matter how long you’ve been apart. 

How Main Street Law Can Help 

Navigating separation and divorce can feel overwhelming, but you don’t have to face it alone. At Main Street Law, we provide clear, compassionate legal advice tailored to your situation. Our family law services include assistance with: 

• Drafting and reviewing separation agreements. 
• Parenting plans and child support arrangements. 
• Spousal support calculations. 
• Division of property and debt. 
• Divorce applications and court representation as needed. 

We’re proud to serve clients across Spruce Grove, Edmonton, Drayton Valley, and surrounding communities. 

Take the Next Step with Confidence 

Whether you’re just starting the separation process or ready to finalize your divorce, Main Street Law is here to guide you. Contact us today at 780-960-8100 or visit mainstreetlaw.ca to book a consultation. Together, we’ll help you move forward with clarity, confidence, and support. 

The post Separation vs. Divorce in Alberta: What’s the Difference? appeared first on Main Street Law Llp.

If you’re considering a name change in Alberta, you’re not alone. At Main Street Law, we understand that this transition can feel both exciting and overwhelming. We’re here to make the legal process straightforward, ensuring you move forward with clarity and confidence.

Who Can Change Their Name in Alberta?

Alberta offers clear guidelines about who is eligible to apply for a legal name change. You can apply if:

• You’re 18 or older (or a legal guardian submitting on behalf of a minor). 
• Must be an Alberta resident.
• You’re not already applying for a name change in another province or country. 

Reclaiming Indigenous Names:

• Residential school survivors and persons who were part of the Sixties Scoop may reclaim their Indigenous name at no cost. Descendants and spouses/partners of residential and Sixties Scoop survivors are also eligible for name changes if they are residents of Alberta.

Do You Need a Legal Name Change for Marriage? 

No, you don’t. If you are assuming your spouse’s last name after marriage, you can do so without a formal legal name change. If you separate and get divorced you do not need to go through a legal process. You simply need your birth certificate to transfer everything back to your maiden name.

What Do You Need to Apply?

The key to a smooth application process lies in preparation. To legally change your name in Alberta, you typically need the following:

• Government-issued photo ID (such as a driver’s license or passport). 
• Birth certificate (yours or your child’s, if you’re applying on their behalf). 
• Proof of Alberta residency (e.g., utility bill, lease agreement). 
• A completed Application for Change of Name form (Adult or Minor versions are available). 

If you’re submitting an application for a child, additional documentation like the other parent’s consent or a court order may be required.

Do Fingerprints Play a Role? 

Yes. If you’re 12 years or older, Alberta mandates a fingerprint-based criminal record check as part of the name change process. These fingerprints must be taken by either an accredited police service or an authorized agency. It’s a necessary step to ensure transparency and security throughout the process. Confirmation of the check must be brought in as part of your application for clarity.

How to Submit Your Application

Once you’ve gathered the required documents, here’s how the submission process works:

1. Visit any Alberta Registry office to submit your completed application. 
2. Provide all necessary ID and supporting documents. 
3. Pay the applicable fees, which typically include a $120 application fee and additional registry service charges. 
4. Allow a few weeks for processing. 

Once approved, you’ll receive your official Legal Change of Name Certificate—a vital document that confirms your new identity.

What Happens After the Change?

After your name change is legally recognized, the next step is to update your name across all personal records and accounts. This prevents confusion and ensures consistency in every aspect of your life. 

Some key places to update include:

• Alberta Health Care Insurance Plan
• Driver’s license and vehicle registration
• Passport Canada
• Canada Revenue Agency (CRA)
• Your bank, employer, school, and any professional associations. 

Pro Tip 

To streamline the process, create an organized checklist of places to notify. Tackling this list step by step can save you time and stress.

Why People Decide to Legally Change Their Name

Name changes are deeply personal and can stem from a variety of meaningful decisions and life events:

• Marriage or Divorce—Taking a partner’s last name, hyphenating, or reverting to a maiden name. 
• Gender Identity—Choosing a name that aligns with how you see and express yourself. 
• Cultural or Personal Beliefs—Selecting a name that better reflects your identity or heritage. 
• Adoption or Family Connection—Changing a child’s or your surname to match a family dynamic. 

At Main Street Law, we respect the significance of these moments in your life and are committed to making the legal side of things as smooth as possible.

How Main Street Law Can Help

Changing your name shouldn’t feel complicated or overwhelming. Our approachable and experienced team knows how important this decision is, and we’re here to provide you with the guidance and support you deserve.

Our Services Include:

• Step-by-step guidance on Alberta’s name change requirements. 
• Support for minors—we assist legal guardians in managing the paperwork for children. 
• Document checks—ensuring your application is complete and error-free. 
• Advice for unique circumstances, like divorce-related name changes or gender identity transitions. 

We serve clients across Spruce Grove, Edmonton, Drayton Valley, and nearby communities. A name change is more than just an administrative process—it’s a transition that reflects your personal growth and future goals. 

Take the Next Step Today

Looking to make an official name change? With Main Street Law by your side, you can feel supported, informed, and ready to start your next chapter. 

Schedule your consultation today. Call us at 780-960-8100 or visit mainstreetlaw.ca to learn more about how we can help. 

Your name is your identity. Make this meaningful change with confidence and the right legal support. 

The post Marriage, Divorce, Identity: Your Guide to Legal Name Changes in Alberta appeared first on Main Street Law Llp.