Family Law & Divorce Hero | Osuji & Smith Lawyers

Calgary's Top-Rated Family Lawyers

Family Law & Divorce in Calgary

Serving Alberta families for over 45 years. Whether you are at the beginning of a separation or in the middle of a contested divorce — we are here before you sign anything.

Book a Consultation

Multi-Office Calgary · Toronto · Vancouver · Dubai

600+ Google Reviews

130+ Awards Won

200+ Combined Experience

45+ Years of Service

32+ Languages Spoken

Family Law & Divorce Content | Osuji & Smith Lawyers

What We Understand

Family law matters are not just legal events. They touch the most personal parts of your life — your children, your home, and your sense of what comes next. The stress of a separation, a contested divorce, a custody dispute or a marital property division does not stop when you leave the lawyer's office. It follows you home.

We know that. This is why our first priority with you is understanding what you are actually trying to protect before any paperwork. Clients who come to us mid-process — after representing themselves or after losing confidence in a previous lawyer — tell us that the difference was immediate.

45+ Years Serving Alberta Families

Our Approach

Human-Centred Family Law Advocacy

We handle all aspects of family law in Alberta, focusing on outcomes that are fair and suited to your specific circumstances. When you come to us with your divorce case, we do not rush to advise. Our lawyers gather important information from you and offer advice based on the facts, circumstances and factors that are unique to your situation.

Conflict is expensive — financially and emotionally. Our primary goal is to reach a settlement that saves you money and stress. Should litigation become necessary, we represent you without hesitation and stop at nothing to defend your family's interests in court.

Our Services

Family Law Services We Provide

Divorce

Whether your divorce is uncontested or contested, we guide you through every stage with clarity. We handle both desk divorces and complex contested matters. We are proactive and able to advise clients on complex issues such as moving with children post-divorce.

Separation Agreements

In Alberta, couples must be separated for a minimum of one year before divorce proceedings can begin. A well-drafted separation agreement covers living arrangements, property division, wills and estates, RRSPs, pensions, spousal support, and child custody — preventing future headaches and litigation.

Child Custody & Access

Alberta's Family Law Act governs parenting plans for how separated parents make decisions and share time with their children. Arrangements range from joint custody — where both parents share decision-making — to sole custody. We represent parents focused on securing the best outcome for their children.

Child & Spousal Support

Alberta child support is calculated using the Federal Child Support Guidelines and gross parental income. Support amounts are intended to cover both direct and indirect costs for children. Spousal support is governed by the Canadian Spousal Support Advisory Guidelines, with three types of entitlement: contractual, compensatory, and non-compensatory.

Matrimonial Property Division

Alberta's Family Property Act requires that property be divided equitably when a marriage breaks down. This includes the family home, vehicles, bank accounts, pensions, RRSPs, business interests, and investments. Exempt property — assets owned before marriage or received as gifts or inheritance — is not subject to division, though any increase in value may be.

Prenuptial & Postnuptial Agreements

A prenuptial agreement is entered into before marriage but does not become enforceable until after the marriage has taken place. It can deal with property owned jointly or separately. These agreements can include a "sunset" clause with a preset termination date, or be designed to last the lifetime of the marriage.

Common Law & Adult Interdependent Relationships

In Alberta, "common law" is now formally known as an Adult Interdependent Relationship. It exists when two people have lived together for three years or more, or live together with a child. The 2020 Family Property Act makes it easier for unmarried couples to divide property. We have helped many Adult Interdependent Partners with family law contracts and separation issues since 1980.

Emergency Protection Orders

If family violence or threatening behaviour is making you feel unsafe, an EPO can be granted quickly through the provincial court. Anyone can apply — a child, an adult, or an elderly person feeling threatened. We will guide you through the process and your next steps immediately.

Alternative Dispute Resolution

Not every family law matter needs to go to court. Where appropriate, we recommend mediation, collaborative law, arbitration, or Judicial Dispute Resolution. A reasonable parenting or property agreement arrived at between the parties in a mature and open manner can often be approved by the court, saving significant time and cost.

Divorce & Separation

Filing for Divorce or Served with Papers?

Divorce can be one of the most stressful events in a person's life. Our team is dedicated to making sure all aspects of your divorce are handled with deliberation. We handle both uncontested and contested divorces. When parties are agreeable to all aspects of their divorce, an uncontested or desk divorce is in your best interest — it is less expensive, less time-demanding, and less stressful.

You can file for divorce in Alberta under three circumstances: you and your spouse have lived separate and apart for at least one year; your spouse has committed adultery; or you have experienced physical or mental cruelty that makes continued cohabitation intolerable.

You can also file for a Canadian divorce if you were married in a different country. What matters is where you live when proceedings commence — you or your partner must have lived in Alberta for at least one year.

What Does Divorce Cost in Alberta?

Costs vary significantly by situation. As a general guide: an uncontested divorce costs approximately $1,740; a separation agreement approximately $2,500; child support and custody matters approximately $15,950; a contested divorce approximately $23,730 on average. We will give you a realistic picture at your first consultation.

The court may order one party to cover the other's costs, but family law outcomes are often mixed — where no clear winner emerges, each party typically covers their own fees.

Documents you will typically need: recent tax returns, bank and credit card statements, mortgage and property documents, investment and insurance records, and pension plan details.

Matrimonial Property

Property Division in Alberta

Property division is one of the biggest concerns in divorce. "Property" is not just the family home — it includes stocks, deposits, bonds, insurance, recreational property, pensions, vehicles, and business interests. Under Alberta's Family Property Act, three categories of property are recognised:

Matrimonial property — acquired during your marriage and divided equitably between both parties regardless of who earned what
Exempt property — property you owned before marriage, or received as a gift or inheritance during marriage; these are exempt from division
Increase in value of exempt property — while the original asset is exempt, any increase in its value during the marriage is subject to equitable division

Debt incurred during the marriage is also shared. This includes mortgages, lines of credit, car loans, credit cards, and lease payments.

For Common-Law Partners

The legal doctrine of unjust enrichment helps determine property division for Adult Interdependent Partners, as the Family Property Act applies primarily to married couples. We assess whether your partner has financially benefited from the relationship — including direct contributions such as mortgage payments, and indirect contributions such as childcare — and negotiate your share accordingly.

Can My Spouse Sell Property Without My Consent?

In Alberta, the Dower Act prohibits a married person from disposing of a homestead without the consent of the non-title spouse. A disposition includes a transfer, a mortgage, and a lease over three years.

Child Custody & Parenting

Parenting Arrangements in Alberta

The term "parenting" is used in Alberta's Family Law Act to refer to the plan for how divorced or separated parents make decisions regarding their child and how time is shared. There are four types of custody arrangements:

Joint custody — both parents share decision-making; the most common arrangement
Sole custody — one parent makes all decisions, though the other may still have parenting time
Shared custody — children spend approximately equal time with each parent
Split custody — used in large families where different children live primarily with different parents

If both parties cannot reach agreement, the court considers: each parent's mental, physical and emotional health; the relationship and bonding between parent and child; parenting abilities; and characteristics and family background. A history of violence or substance abuse is a significant factor.

Children aged 14 and over cannot be compelled to live with a particular parent against their will. Children under 12 can also express preferences, though these are weighted differently by the court.

If Your Ex-Partner Withholds Access

You can take your ex-partner to court to enforce the parenting order. If you can prove they are intentionally withholding the children from you, the court will take action. Keep detailed records of all missed visits — the date, time, and circumstances of each instance.

Parenting can also be agreed outside of court by mutual agreement. A reasonable parenting arrangement arrived at between the parties in a mature and open manner will generally be approved by the court. The following orders are available:

Consent Order Parenting Order Contact Order Custody & Access Order

Child Support

Child Support in Alberta

When two parents raise a family together, their children benefit from the care, attention, and support of both parties. When facing a separation or divorce, this should continue for the sake of the children's well-being.

In Alberta, child support is calculated using the Federal Child Support Guidelines (for married couples under the Divorce Act) and the Alberta Child Support Guidelines (under the Family Law Act, for unmarried parents). Both sets of guidelines are very similar. The key factors are: the payor's gross annual income; the number of children; and special or add-on expenses.

If children live with only one parent, only the income of the paying parent is considered. If the children live with each parent approximately equal time, child support is calculated for each parent and set off against each other — the higher earner pays the difference.

Support amounts cover not only the direct costs for children but also indirect costs such as housing and transportation. If your situation changes — income, living arrangements, or the children's needs — a support order can be varied by agreement or by returning to court.

What If Support Is Not Being Paid?

The Maintenance Enforcement Program (MEP) can collect court-ordered support directly from the payor. If payments are missed, MEP can garnish wages, remove funds from bank accounts, and seize and sell assets. More serious sanctions include reporting to the credit bureau, suspending the payor's vehicle registration, driver's licence, passport, or hunting licence.

If MEP is unable to collect through garnishment, the payor may be required to complete a Statement of Finances. Failure to comply can result in a default hearing and, ultimately, a warrant for the payor's arrest.

Spousal Support

Spousal Support — What Is Fair?

Spousal support in Canada is not cut and dry. Partners often disagree over what is an appropriate sum. Here at Osuji & Smith, we know how trying and emotionally draining these cases can be. We will guide you on the legal principles and, if need be, fight tirelessly on your behalf.

The Supreme Court of Canada defines three types of spousal support entitlement:

Contractual support — where a signed document such as a prenup already establishes obligations between partners
Compensatory support — where one partner forsook career or earning opportunities to support the relationship or family
Non-compensatory support — where one partner faces economic hardship following separation

In most cases, only persons in a marriage of longer duration (generally over five years) qualify for spousal support. The court considers the earning capacity of each spouse, whether children are involved, and the length of the marriage when determining the payable amount under the Canadian Spousal Support Advisory Guidelines.

Key Facts About Spousal Support

Marital infidelity and other spousal misconduct do not affect spousal support entitlement.

Monthly spousal support payments are taxable income for the recipient; a lump-sum payment generally is not.

If a recipient does not make a reasonable effort to become self-sufficient, this can reduce the required support amount.

To terminate spousal support payments, the paying spouse must obtain court approval through a formal petition for termination. If your former spouse lives in another province, a "provisional" variation application allows you to vary the order without travelling to the other province.

Common Law & Adult Interdependent Partners

Are You in an Adult Interdependent Relationship?

In Alberta, the term "common law" is no longer used in matters of the law. Since 2003, the Adult Interdependent Relationships Act governs couples who live together and share many aspects of life but are unmarried. An Adult Interdependent Relationship exists in three situations:

Two people have signed an Adult Interdependent Partner Agreement
Two people have lived together in a relationship of interdependence for three years or more
Two people live together in a relationship of interdependence and have a child together, by birth or adoption

Note: for income tax purposes, you are considered "common law" after only one year of living together — a different threshold than the provincial legal definition.

When a relationship ends, the legal principles behind a traditional divorce still apply in many respects. Decisions regarding child custody, property, and finances still need to be sorted out. Regardless of not having a marriage certificate, couples in these relationships have legal obligations to one another. We have helped many Adult Interdependent Partners with family law contracts and separation issues since our firm's founding in 1980.

Protecting Yourself Without Marriage

If you and your partner are living together and do not intend to marry, consider drafting the necessary documents to protect your rights: a cohabitation agreement, a will, an enduring power of attorney, and personal directives.

Property in a common-law separation generally belongs to the person who paid for it — your partner has no automatic legal right to property you purchased just because you lived together. However, if your partner contributed directly (mortgage payments, utilities, renovations) or indirectly (childcare, household maintenance), they may have rights through the legal doctrine of unjust enrichment.

How We Work

Settlement First. Court When Necessary.

Conflict is expensive — financially and emotionally. Our primary focus is reaching a settlement that saves you time, money, and emotional stress. We pursue amicable resolutions through mediation, negotiation, and collaborative law wherever the facts allow. Beware of online templates for separation agreements — they are limited in how they capture the nuances of your household, and are not guaranteed to uphold their validity in Alberta courts.

When litigation is unavoidable, we stop at nothing. Our team is tenacious, organised, and relentless — with a track record of results in contested divorces, custody disputes, and high-conflict property division across Alberta. We also provide independent legal advice and reviews of various agreements, and offer resources and referrals to counselling services and financial advisors.

The Osuji & Smith Difference

Clients who come to us mid-process — after representing themselves or after losing confidence in a previous lawyer — tell us consistently that the difference was immediate. Not just in outcome. In how they felt knowing someone genuinely invested in their situation was now handling it.

Our services are tailored to meet the needs of all families. We understand that each family is unique and we respect cultural, religious, and economic diversity. The goal is not just to win a case — it is to secure a stable and positive future for the families we serve.

Common Questions

Calgary Family Law FAQ

When can I file for divorce in Alberta?

You can file under three circumstances: you and your spouse have lived separate and apart for at least one year; your spouse has committed adultery; or you have been subjected to physical or mental cruelty that makes continued cohabitation intolerable.

Can I get a divorce if I cannot find my spouse?

Yes. If your spouse's whereabouts are unknown, the court can grant a Motion to Serve by Publication or Posting, allowing the legal process to proceed through a published or posted notice.

I was married outside Canada. Can I still file for divorce in Alberta?

Yes. Either you or your spouse must have lived in Alberta for at least one full year immediately before filing. Where the marriage took place does not affect your ability to divorce here.

How much does a divorce cost in Alberta?

Costs vary significantly. Uncontested divorce: ~$1,740. Separation agreement: ~$2,500. Child support & custody: ~$15,950. Contested divorce: ~$23,730 on average. We will give you a realistic picture at your first consultation.

Who pays legal fees in a divorce?

The court may order one party to cover the other's costs. However, family law outcomes are often mixed — where no clear winner emerges on all matters, each party typically covers their own fees.

What documents do I need to file for divorce?

At minimum: recent tax returns, bank statements, credit card statements, mortgage and property documents, and details of any investments, insurance policies, and pension plans. We will tell you exactly what your case requires at consultation.

How is child support calculated in Alberta?

Alberta child support is calculated using the Federal Child Support Guidelines and gross parental income. If children live with only one parent, only the paying parent's income is considered. If children split time equally, support is calculated for each parent and set off — only the higher earner pays the difference.

What does child support actually cover?

Support amounts are intended to cover both the direct costs for children and the indirect costs, such as housing and transportation. Special or add-on expenses — such as childcare, medical expenses, and post-secondary education — may be payable in addition to base support.

What happens if my ex-partner refuses to pay child support?

The Maintenance Enforcement Program (MEP) can garnish wages, remove funds from bank accounts, and seize assets. Additional sanctions include suspending the driver's licence, vehicle registration, passport, and hunting licence. Persistent non-payment can result in a default hearing and a warrant for arrest.

Can a child support order be changed?

Yes. If your circumstances change — such as a significant change in income or the children's living arrangements — you and your former partner can agree to vary the order. If you cannot agree, you can apply to the court for a judge to decide.

Who qualifies for spousal support?

In most cases, spousal support is available to persons in a marriage of longer duration (generally over five years). The court considers the earning capacity of each spouse, whether children are involved, and the length of the marriage when making the determination.

Does marital infidelity affect spousal support?

No. Marital infidelity and other spousal misconduct do not affect spousal support entitlement in Alberta or Canada.

When do I stop paying spousal support?

To terminate spousal support, the paying spouse must obtain court approval by filing a petition for termination. Payments do not automatically end unless a court order specifies a termination date.

My ex-spouse lives in another province. How do I change a support order?

The Divorce Act allows parties living in different provinces to make a "provisional" variation application to change a support order, without having to travel to the other province to make the application. There is a special process involved.

What constitutes family property in Alberta?

Family property is everything you come to own during a marriage or Adult Interdependent Relationship. Assets include real estate, vehicles, bank accounts, investments, insurance policies, pensions, business interests, and furniture. Debts include mortgages, lines of credit, car loans, credit cards, and lease payments.

What property is exempt from division?

Property you owned before marriage, inheritances, gifts from third parties, and proceeds from a personal injury lawsuit or insurance are generally exempt. However, any increase in value of exempt property during the marriage is subject to equitable division.

What if we cannot agree on property division?

If both spouses cannot agree, the court makes the final order under Alberta's Family Property Act. The court can also order the sale of property where both parties cannot agree on whether to retain or sell it.

Can my spouse sell our home without my consent?

No. The Dower Act in Alberta prohibits a married person from transferring, mortgaging, or leasing the matrimonial homestead for more than three years without the consent of the non-title spouse.

At what age can a child decide where they want to live?

When a child is 14 years of age or over, it becomes an offence for anyone to compel them to live somewhere against their will. Children under 12 can express preferences, but these are weighted differently by the court depending on the circumstances.

Can parenting be agreed without going to court?

Yes. Parenting can be agreed outside of court by mutual agreement between the parties, sometimes with the help of a neutral third party. A reasonable parenting agreement arrived at in a mature and open manner will generally be acceptable to the court.

What if my ex-partner keeps withholding access to my children?

You can apply to court to enforce the parenting order. If you can prove intentional withholding, the court will take action. Document all missed visits with date, time, and detailed notes — this evidence is important for enforcement proceedings.

What factors does the court consider in custody disputes?

The court considers: each parent's mental, physical and emotional health; the relationship and bonding between parent and children; parenting abilities; characteristics and family background; and any history of violence, substance abuse, or absence. The best interests of the children are the paramount consideration.

When should I consider a prenuptial agreement?

A prenuptial agreement is entered into before marriage but does not become enforceable until after the marriage takes place. It can deal with property owned jointly or by either spouse separately. It is worth considering any time you have significant assets, children from a previous relationship, or a business interest you wish to protect.

How long does a prenuptial agreement last?

Typically, a prenuptial agreement lasts for the lifetime of the marriage. Some couples include a "sunset" clause with a preset termination after a fixed period. If there is no sunset clause, the prenup's lifespan is indefinite. A prenuptial agreement can be changed or cancelled only if both parties agree.

We are living together and not planning to marry. How do we protect ourselves?

To fully protect your rights, consider drafting a cohabitation agreement, a will, an enduring power of attorney, and personal directives. Online templates are limited in how they capture the nuances of your situation and may not uphold their validity in Alberta courts.

What happens to property when an unmarried relationship ends?

Property generally belongs to the person who paid for it. Your partner has no automatic right to property you purchased. However, if your partner contributed directly (mortgage, utilities, renovations) or indirectly (childcare, household maintenance), they may have rights through the doctrine of unjust enrichment.

The Advantage

The Collective Intelligence Advantage

Family law does not exist in isolation. Property division intersects with business and corporate law. Support calculations intersect with employment matters. Estate planning often needs to be revisited after a separation. Immigration status can be affected by a divorce.

At Osuji & Smith, your family lawyer draws on a full team spanning employment, business, civil litigation, estate planning, and immigration. That reach is built into how we work. You do not pay extra for it and you do not have to ask for it.

Employment & Labour Law → Business & Corporate Law → Civil Litigation → Real Estate Law → Immigration & Refugee Law → Wills & Estate Planning → Personal Injury Law →

Client Stories

What Our Family Law Clients Say

"From the first consultation with Charles, to introduction to his team of professionals, I immediately knew this firm was different from any other law firm in the city. Amanda is tenacious, organised, relentless, and a brilliant tactician. Her work was succinct, powerful and to the point. No wasted effort. Osuji & Smith provides me great comfort, knowing I have superior law talent on my side."

Jeanette Groch High-Conflict Divorce Client

"Osuji and Smith is top shelf in all categories. Charles responded to every element of this process with kindness, respect and legal intellect. His team are organised, effective, kind and thoughtful. Do not hesitate to hire Charles and his team to handle your Family Law matters."

Jolene M. Family Law Client

"I was searching for a new lawyer who truly had my back. At Osuji & Smith, Lucy listened carefully, established a clear path forward, and kept me informed every step of the way. My results were extremely good."

Wade Vossler Family Law Client

"Lyon is a shark of a lawyer who remains undeterred by curve balls and sticks to the end goal no matter what. With Lyon's expert guidance, I attended a gruelling 10-plus hour mediation resulting in a significant win and a signed agreement in just one day. My children and I are finally able to move on with our lives."

Sara Semenyaka Property Division & Custody Client

Talk to Us First

Whether you are at the beginning of a separation, in the middle of a contested divorce, or trying to understand what a proposed agreement actually means for you and your children — speak with us before you commit to anything. We will give you an honest view of where you stand and what your options are.

Request a Family Law Consultation

Or call us directly 403.283.8018