As of December 18, 2023, participation in an alternative dispute resolution (ADR) process, such as mediation, is a mandatory pre-court divorce requirement.
When reflecting on 2023, it is clear that the Johnny Depp and Amber Heard trial was a legal nightmare in the matrimonial landscape. In contrast, in 2023, Meryl Streep’s representative shared that Don Gummer and Meryl Streep have been separated for more than six (6) years. Having navigated such a sensitive situation for over six (6) years is commendable. While we can only speculate, it is likely that Meryl Streep and Don Gummer used private mediation. It gives them a better chance at achieving confidentiality and maintaining integrity. Kudos to Meryl Streep and Don Gummer.
According to Statistics Canada, Alberta had the second highest divorce rate in Canada. Unlike divorces, separations are not recorded by vital statistics in Canada. And those who are in common-law relationships are not eligible for divorce from their partner. This is because no legal procedure is required to dissolve such unions. However, interdependent partner support may still be a factor when separating. While Statistics Canada did not capture the impacts of the COVID-19 pandemic on divorce rates, many couples went their separate ways raising the divorce rate in 2023.
Alberta Mandatory Pre-court Requirements
As we end 2023, there an amendment to Alberta’s legislation that affects family action in the Court of King’s Bench. On November 8, 2023, the Province of Alberta amended the Rules of Court to make accessing family court more efficient. Commencing December 18, 2023, the Court of King’s Bench will implement mandatory pre-court requirements as part of Alberta’s Family Justice Strategy. One of the mandatory pre-court requirements is participation in an alternative dispute resolution (ADR) process. Common ADR processes include mediation and arbitration. This means that family mediators who help couples find solutions to their conflicts are now an essential and important part of Alberta’s family court system.
Another mandatory pre-court requirement is the completion of the Parenting After Separation (PAS) course. This is required when the parties have children under the age of eighteen (18). Upon completion of the PAS course, the party will obtain a certificate. If it has been more than two (2) years since the party has taken the PAS course, then they must complete the PAS course again and obtain a new PAS certificate.
Providing financial disclosure to all parties for child support, spousal support, interdependent partner support, and the division of property is another mandatory pre-court requirement. Failure to provide disclosure without merit can have serious consequences.
Navigating separation and divorce is no easy feat. However, focusing on what is in the best interest of the children and reflecting on each person’s interests as they go through separation is a step in the right direction. With the Court increasing access to family justice through the mandatory pre-court requirements, Albertans dealing with divorce may be able to reduce the stress on their children and resolve family issues faster.[/vc_column_text]
