My Specialties

My Expertise Is at Your Service

Katherine A. Kubica* can advise you on all matters related to family law, including separation of adult interdependent (unmarried) couples, divorcing married couples, parenting issues including changes to the new Divorce Act, property division under the Family Property Act as well as child support under the Alberta Child Support Guidelines or the Federal Child Support Guidelines for married couples.

Look to Katherine A. Kubica* for news of the Divorce Act amendments which may affect your decisions.

Our goal is to assist you in making decisions so you can resolve matters amicably and move forward in your life with confidence, without regret. If your issues are more complex, Katherine A. Kubica* can advise you of the big picture, including the anticipated outcome and legal cost to achieve what you want. You can then decide if it is worth it. In other words, it is not worth fighting over the linen table cloth or the signed prints.

But what if your spouse wants to fight over the linen table cloth or the signed prints? Katherine will advise you of the best course of action toward finding an amicable resolution. This includes four-way meetings, early disclosure of assets and liabilities, as well as the application of persuasion and common sense through counsel.

There is always a way to find a solution if at least one of the parties is willing.

If early resolution is not achievable, Katherine A. Kubica* can explain the process ahead of you as she applies the law to your particular facts, and she can explain the legal fees and the anticipated cost of protracted litigation. Provided both parties are receiving similar information, a resolution to the issues may be closer than you think.

Explain your fact situation to me and I will outline what is ahead for you in big picture form. It's my pleasure to inform you.

Family Law

Experienced Counsel
Covid-protected premises
Mediated resolution of issues is always possible.

Let Katherine A. Kubica Professional Corporation be the solution for your Family Law needs. By combining a fundamental understanding of the big picture with the complexity of daily interactions and experiences, Katherine provides proactive solutions to a diversity of clients.

Each case Katherine is involved in receives an individual review in order for her to shape a result suited perfectly to the needs of her clients.

Regardless of whether yours is a straight forward separation of partners or a long term marriage, with or without children, with a little or substantial assets, you will be informed of your rights under the Family Law Act, Alberta, the Divorce Act, Canada and the relatively new Family Property Act, Alberta, and other relevant legislation.

Katherine is involved in straight-forward, single issue cases as well as complex Family Law cases in Alberta with an aim to get things done.

Family Property Division

Division of Assets According to Law

Represention With Respect

The new changes to the Divorce Act have little to no impact on asset division which is governed by the new Family Property Act for parties separating after January 1, 2020 (prior to January 1, 2020, the Matrimonial Property Act, Alberta still governs). The Family Property Act, Alberta, offers a starting point of equal division of non-exempt family property, which include family assets acquired jointly or solely throughout a marriage or common law relationship.

However, if one spouse has dissipated assets either during the relationship or after separation, remedies may be available whereby the Court may use its discretion to order an unequal division of family property.

It will be necessary upon partner or marital breakdown to divide the family property and debts in order that the parties can resolve those issues and move on with their lives. However, in order to avoid the sale of businesses or liquidation of certain assets, agreements can be and are achievable.

Mediated resolution to all issues is always an option.

Katherine Kubica works closely with her clients to list and value all assets and liabilities in achieving an equal distribution according to the Family Property Act.

However, if your spouse has gambled away or liquidated assets due to an addiction, for example, an unequal division of assets in your favor may be sought. Other remedies are available which can be discussed, including preservation orders, occupation rent. The Family Property Act allows for adult interdependent partners to make a claim for equal distribution which used to be only available upon applying for the equitable remedy of unjust enrichment.

So the good news is our legislation is being amended to make things easier for you, but you still need to seek sound legal advice about the proper course of action.

Get sound advice from Katherine A. Kubica* regarding an equal resolution of your asset division according to law.

When Katherine Kubica is involved in a case, she helps her client successfully resolve issues as quickly and efficiently as possible.

However, if your spouse wants to be unreasonable and continue with the litigation process, be assured Katherine will aggressively fight back within the law for your rights while at the same time informing you of all options necessary for settlement. She will provide you with sound legal advice in order for you to make an informed decision.

Parenting Orders

Katherine has a proven record for success at obtaining week/week parenting.

Canadian legislators at the federal and provincial levels, as well as our Courts at all levels, are very much concerned with what is in the best interests of your children.

Children need both parents. Separating Parents are required to take a Parenting After Separation Course which you can find at www.alberta.ca>pas which course is helpful and informative. Katherine will need the Certificate you are given at completion so be sure to e-mail that to her at kkubicalaw@gmail.com. No documents can be filed without it, with some exceptions. There is also a High Conflict Parenting After Separation Course which you can access at the same site which will be helpful for parties who are experiencing a great amount of stress and conflict surrounding their separation.

Separation is a very difficult time, and it is especially difficult for children. Each parent should access sound legal advice as soon as possible from a lawyer, for example, through Lawyer Referral at 1-800-661-1095 where you can request the names and numbers of three family law lawyers. Katherine Kubica is on that roster. Or you can click on the CONTACT ME button below.

If you are a Dad or Mom who is being displaced at separation, and you feel alienated from your children, Katherine will advise you of your options about seeking an expedited parenting order.

The new changes to the Divorce Act, Canada, which come into effect March 1, 2021, embrace terminology which deletes terms like 'primary care', 'sole custody' and 'joint custody', replacing them with "parenting time" for each parent, and a sharing of responsibility for decision making. This terminology has already been in use for years for common law parents under the Family Law Act, Alberta, enacted in 2003, so the new Divorce Act changes are not revolutionary but because the Divorce Act is federal legislation, the changes affect married couples across the country. The changes therefore aim to reduce conflict between married parties across Canada in an effort to promote parenting arrangements which are in the children's best interests. For individuals who want a role in a child's life but are not a parent, contact may be permitted under certain circumstances, if a Parenting Order for the parents has already been granted. Any contact, for Grandparents or other individuals is also based again on a Court's determination of what is in the child's best interest.

In the amended Divorce Act, there is a provision for "Decision-making responsibility" (Section 2(1)). Decision-making responsibility means the responsibility for making significant decisions about a child's well-being, including in respect of (a) health; (b) education; (c) culture, language, religion and spirituality; and (d) significant extra-curricular activities.

This is not the entire list and decision-making responsibility can incude many other important decisions about a child. Anyone who has decision-making responsibility must base relevant decisions on the best interests of the child. Here are examples of each: a) health, such as whether to undergo a medical procedure; b) education, such as choice of school; c) culture, language, religion and spirituality, such as which faith the child will follow, if any, and d) significant extra-curricular activities, meaning activities that require a relatively large investment of the parents' time or financial resources.

It is not about fairness to the parties but the best interests of your children which is at the heart of both the provincial Family Law Act and the federal legislation which is the Divorce Act.

Notwithstanding these legislative changes, if you are a parent who has been demoted at separation and you want to be a big part of your children's lives post-separation, then Katherine Kubica can guide you through the process to achieve that. Even with the new legislative changes, it is still possible for Dads (and Moms) to be denied joint decision making and to be relegated to an every second weekend parent. Do not let this happen to you.

A parent who is actively involved in their children's' lives and really cares about their best interest has a voice in our Alberta Court of Queen's Bench where most of the litigation occurs for married partners.

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