Family Lawyers in Sherwood Park

We can assist you with various areas of Family Law

Family law is often an emotionally intense, complex, and tumultuous period of one’s life. That is why it is important to work with the best family lawyers you can find. The lawyers and staff at Queck & Associates understand this and are committed to providing strong representation and common sense to assist you through your family law issues. Whether you are dealing with divorce, or need advice in relation to child support or custody, our team of lawyers are here to help guide and support you through your family law matters. Our law firm covers a multitude of areas that fall under Family law, including:

CHILD CUSTODY & PARENTING

Disputes regarding childcare and visitation are often the most intense and contentious issues a family faces during a separation or divorce. Every parent wants to maintain a positive relationship with their child and the threat of hurting that relationship is often what fuels venomous and lengthy custody battles. When it comes to your children, you want experienced lawyers known for generating fair and creative custody solutions. The Queck & Associates family law team uses a range of successful approaches to resolve custody and access issues.

When going through divorce or separation, it is especially important to consider the parent-child relationship. Our team of lawyers have the experience to consider what works and what doesn’t, and we know how important it is to focus on your children during this time. Whether you require full-scale litigation or advice in negotiating amicably, Queck & Associates’ family lawyers can help you understand your rights and options when maintaining your relationship and access to your child. Find out more about custody and access by speaking with a lawyer from Queck & Associates’ family law team.

CHILD SUPPORT

Our family lawyers at Queck & Associates offer a great deal of knowledge when resolving child support issues with your former spouse or partner. Child support can be a stressful part of a divorce or separation. One of the most common fears about child support is that one parent will be required to pay too much, or that the other will receive too little. In Sherwood Park, Queck & Associates’ team is able to ensure that your children’s best interests remain protected, and can help you determine and calculate what the appropriate amount of child support. Our team can also explain what child-related expenses fall under child support and what expenses fall into the “extraordinary” category. Queck & Associates’ family law team can help you draft fair and thorough child support agreements, so your children will receive the care and financial support they may need. If you would like to learn more about child support, contact us for a consultation with one of our family lawyers.

 

DIVORCE

Separation and divorce are difficult, but you have rights and we will fight for them. It is often difficult to focus on moving forward, and making fundamental transitions in your life during these situations can be a challenge. Whether you’re worried about the division of family property, custody over children, or any other issues during your divorce, our family lawyers at Queck & Associate will advocate on your behalf and will consider your concerns. Whether in court, or negotiating across the table outside court, Queck & Associates’ family law team will advise you honestly and ensure your interests are a priority before you take any crucial steps in your divorce matter.

FAMILY PROPERTY AND ESTATE LAW

The division of family property can be a complex process. Marital property is defined broadly and generally includes anything and everything acquired during your marriage such as the following forms of property:

• Money in bank accounts, even if the account is not joint;
• Family businesses, corporations and partnerships;
• The matrimonial home;
• Rental properties;
• Pensions;
• Vehicles, including boats, RVs, etc.;
• The family farm or estate;
• Even investments, including RRSPs.

The family lawyers at Queck & Associates understands that one of your primary concerns is to protect your financial position and future security. We are able to help you draft creative and fair agreements concerning family property, and take into account your unique circumstances. We are ready to answer your questions, and prepare you as you move forward. Find out more about family property division by arranging a consultation with one of our family lawyers.

MARITAL & COHABITATION PROCEEDINGS

The law in Alberta distinguishes between rights for married couples and the rights of cohabiting/common-law couples. Whether you are married or cohabiting, Queck & Associates has the requisite legal knowledge to advise you of your rights. If you have more questions or would like to find out more, contact our office for a consultation with one of our family lawyers.

PRE-NUPTIAL & COHABITATION AGREEMENTS

It’s always best to be prepared, and at Queck & Associates in Sherwood Park, we draft Prenuptial and Cohabitation Agreements so you can protect yourself and your rights in the event of separation or divorce. Prenuptial or Cohabitation Agreements, also known as a  Domestic or Marriage Contracts, usually deal with what will happen to property and other interests should there be a breakdown in a relationship. It can also deal with how these things will be handled during the marriage. A Prenuptial Agreement is usually made prior to couples marrying. However, couples planning to move-in together could also benefit from a Cohabitation Agreement even if they are not currently planning on getting married. Prenuptial & Cohabitation Agreements typically are considered for the following reasons:

• The main reason couples enter into a Prenuptial or Cohabitation Agreement is to give themselves a level of certainty on how property is to be dealt with if the marriage or common-law relationship terminates.
• Prenuptial or Cohabitation Agreements can also deal with issues relating to partner or spousal support (sometimes referred to as alimony).
• Some couples may also include in a Prenuptial or Cohabitation Agreement such things as how finances are to be dealt with during the relationship/marriage.

Usually, Prenuptial or Cohabitation Agreements do not deal with issues relating to guardianship of children, parenting time, child support etc. The courts tend not to enforce such clauses in Prenuptial or Cohabitation Agreements.

SEPARATION AGREEMENTS

Separation Agreements are formal, legal documents that Queck and Associates can draft for you setting out final or temporary (interim) agreement by the parties pertaining to all legal issues arising from their separation, these include:

• Arrangements relating to children;
• Financial support;
• Settlement of the spouses’ property claims; and
• Possession of the parties’ matrimonial home.

Final separation agreements also typically include additional provisions whereby the parties agree that they will not advance further legal claims against each other in the future; with the exception of particular issues which are specifically referred to in the agreement as being subject to change or variation in the future.

Should you contact Queck & Associates, one of our family law lawyers will meet with you to obtain all of the particulars related to your situation. From there, we can ensure that a Separation Agreement is drafted that is relevant and which addresses all your family law issues.

SPOUSAL & PARTNER SUPPORT

Spousal support is an important part of a divorce and often one of the most contentious issues. Partner support can also potentially be payable in common-law separations. The Queck & Associates family law team has experience in handling spousal and partner support issues, and can help you consider different strategies to create support solutions that realize your financial needs. Many spousal support recipients are concerned about whether the support will be enough to continue living the way they’re accustomed to and how long the support will last. For individuals who are providing spousal support, a common concern is that recipients of the support will not become self-sufficient or that they cannot afford the amount their former spouse expects. If you have concerns related to spousal or partner support issues, are looking for a skilled negotiator, or require assistance in protecting your financial future, Queck & Associates will work with you to help you make informed choices. To learn more about spousal support, contact us and arrange a consultation with one of Queck & Associates’ family lawyers.

DIVORCE MEDIATION

Queck & Associates also has family lawyers who can assist individuals through mediation. Mediation is a voluntary settlement process where parties work together to find solutions which work best for them. Typically, mediation takes place over the course of several without prejudice meetings where parties have the opportunity to speak freely and honestly without having to have their words thrown back at them in court (with the notable exception of statements which show children may be  at risk).

Mediation is a very valuable tool for parties who want to limit costs and ensure that the decisions being made in their lives are theirs. Agreements produced as a result of mediation are specifically tailored to the decisions of the parties and reflect what they want. These Agreements are not necessarily binding on the parties and may require independent legal advice, especially where matrimonial property is at issue. Parties are encouraged to consult with a family lawyer outside of the mediation process if they feel the need to do so throughout the mediation process.

The family lawyers at Queck & Associates in Sherwood Park can help you at any point throughout mediation, whether you are just starting out and want to know if mediation is right for you, or if you already have a mediation agreement and need to proceed with finalizing your divorce or separation.

For more information please visit www.afms.ca and look at the frequently asked questions.

COLLABORATIVE FAMILY LAW

In Alberta, as in other jurisdictions, lawyers who practice Collaborative Law are designated as Registered Collaborative Family Lawyers and are members of associations that set guidelines for their members and the training required to offer their services as Collaborative lawyers. In our office, Stephen Harfield is a Registered Collaborative Family Lawyer.

At its foundation, Collaborative Family Law is the agreement between the parties to settle their matters and their disputes without going to court, and without a judge. The Collaborative process is very useful in minimizing the negative impacts that the litigation model of family law can have on parties and their on-going relationship with each other. Effectively using the Collaborative Family Law process allows people to retain much more of the control over the decisions which can impact their lives.

The Collaborative Law process requires full disclosure and follows the principles of interest-based negotiation which works to identify the needs and interests of each party and to generate options which will help support the people involved find the solutions which work for them.

Should you choose the Collaborative route, each party will retain their own Registered Collaborative Family Lawyer. Having collaboratively trained counsel involved ensures that each person has an advocate and that legal rights and obligations are considered. In the Collaborative process, the lawyer’s sole purpose is to assist the both of you to arrive at a settlement, custom tailored to the people involved.

In a typical court litigation process, it can often feel as though the power of decision making is taken away. Collaborative Family Law looks to help parties reach solutions that effectively satisfy their interests and allow them to choose how they want to move forward in their life.

For more informational resources on the process, visit www.divorceseparation.ca.