As of December 18, 2023, participation in an alternative dispute resolution (ADR) process, such as mediation, is a mandatory divorce pre-court requirement.
As we bid farewell to 2023, it is clear the infamous Johnny Depp and Amber Heard trial was a legal nightmare in the matrimonial landscape. Despite separation and divorce being challenging, in contrast, late in 2023, Meryl Streep’s representative shared that Don Gummer and Meryl Streep have been separated for more than six (6) years, and while they will always care for each other, they have chosen lives apart. An exemplary and commendable practice by the couple, navigating such a sensitive situation for six (6) years. While we can only speculate, it is most likely that Meryl Streep and Donna Gummer used private mediation during their separation and divorce to have a better chance at achieving confidentiality and maintaining integrity. Kudos to Meryl Streep and Don Gummer.
In the realm of regular Canadians, according to Statistics Canada, from 2016 to 2020, the province of Alberta has the second highest divorce rate in Canada. In contrast to divorces, separations of married spouses and separations of common-law partners are not recorded by vital statistics in Canada. People in common-law relationships are not eligible for divorce from their partner since no legal procedure is required to dissolve such unions. Still, adult interdependent partner support may be a factor to consider during separation. Albeit Statistics Canada recent data did not capture the lingering impacts of the COVID-19 pandemic from 2020 to 2023 on the divorce rates, such as new stress on couples with loss of a job, or the loss of a family member, many couples made the final decision to go separate ways raising the divorce rate in 2023.
As we begin 2024, we wanted to provide some updates on Alberta legislative amendments that affect the family action in the Court of King’s Bench. On November 8, 2023, the Province of Alberta amended the Rules of Court intended to make processes for resolving parenting issues and accessing family court simpler, especially for those parties without lawyers. Commencing December 18, 2023, the Court of King’s Bench will implement some mandatory pre-court requirements as part of the Alberta Justice 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. Now more than ever, family mediators who help couples find solutions to their conflicts have never been more needed and more important.
Another mandatory pre-court requirement is the completion of the online Parenting After Separation (PAS) course where there are children under the age of eighteen (18) years affected by the separation and divorce. Upon completion of the PAS course, the party will obtain a certificate. Furthermore, if it has been more than two (2) years since a party took the PAS course, then the party must complete the PAS course again and obtain a new PAS certificate.
Providing financial disclosure to all parties for child support, spousal support, adult interdependent partners support, and proceeding for division of property is another mandatory pre-court requirement. Failure to provide disclosure without merits can have serious consequences.
Navigating the matrimonial landscape during separation and divorce is no easy feat. By staying focused on a long-term goal of what is in the best interest of the children (BIC) and by reflecting on each person’s interests and bridging them as the couple move from one household to two separate units is a step in the positive direction. With the Court increasing access to family justice with the mandatory pre-court requirements, Albertans dealing with separation and divorce, may be able to reduce stress on their children and families outside of the Court and resolve family issues faster.[/vc_column_text]
