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   * Family Law
   * Real Estate & Property Law
   * Criminal & Traffic Law
   * Commercial Law
   * Civil Law
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 * Home
 * Services
   * Family Law
   * Real Estate & Property Law
   * Criminal & Traffic Law
   * Commercial Law
   * Civil Law
   * Debtor-Creditor Law
 * About
   * Careers
 * Insights
 * Contact


OUR SERVICES

Family Law

We are here for you.





FAMILY LAW SERVICES


WHAT IS FAMILY LAW?

Family Law includes includes situations such as:

 * Divorce
 * Mediation
 * Custody arrangements
 * Estates and wills.

All of these can be very emotionally stressful situations and the team at MacKay
& McLean are here to help guide you through the process of determining a fair
and equitable resolution.




DIVORCE

When you find yourself in a situation of separation and divorce, it can be hard
to find simple answers to your simple questions, and each province in Canada has
certain regulations and requirements that govern the process. Our associates can
assist you in determining the next steps in this process to ensure your best
interests are protected.


CHILD SUPPORT

Child support is payable for any child under 18 years of age and who remains in
the care of the parents, including non-biological children. It may extend past
the age of 18 years of age if the child is unable to provide for himself or
herself due to illness, disability or other cause, including attendance at post
secondary school.

Despite popular belief, where a child under 18 years of age resides with both
parents equally child support is usually still required to be paid by one
parent. The parent with the higher income (the “Payor Parent)” is required to
provide support for the child to the parent with the lower income (the
“Recipient Parent”. In cases where the parents have incomes that are
approximately the same, child support may not be payable by either parent.

When the child is primarily in the care of one parent, the parent whom the child
does not primarily reside with is required to provide support for the child. The
amount of support payable by the Payor Parent is determined based on the
Guidelines by using the Payor Parents income.


CUSTODY & ACCESS

One of the most challenging situations is determining a fair and reasonable
custody agreement that includes access to the minor children who are under the
care of the divorce petitioners. We will work to ensure the decision is in the
best interest of all parties involved and help negotiate the terms in a way that
makes sense.


SPOUSAL SUPPORT

Spousal support or “alimony” may be payable by the higher earning spouse of a
marriage or common law relationship upon the dissolution of the relationship.
There are a variety of factors that determine the amount of spousal support that
is to be paid and for how long support is payable.

A spouse may make an application to the Court of Queen’s Bench prior to the
final resolution of their separation or divorce for interim spousal support. One
of the main considerations as to whether spousal support will be ordered is
whether the payor spouse has the ability to pay and whether there is a need for
the financial assistance by the receiving spouse.

Once the matter moved to settlement discussions in order to determine if support
should continue and for long factors such as the length of the relation and
whether the receiving spouse relied financially on the payor spouse.

The Spousal Support Guidelines were developed to assist in determining the
amount and duration of support. The Guidelines set out a high and a low amount
that can be awarded.




PROPERTY DISTRIBUTION

Assets accumulated during a marriage or common law relationship are considered
personal and real property are included in the distribution of property when the
relationship deteriorates. This includes bank accounts, pensions, CPP, RRSPs and
any other property that is owned by the couple at the date of Petition and is
presumptively to be divided equally. Assets may not be divided equally if it
would be unfair or inequitable to so. Additionally, upon separation some
property may be exempt or excluded from the family property distribution. While
there are multiple ways in which property may be exempt the most common reason
is that the property was owned by one of the spouses prior to the commencement
of the relationship. Regardless of the ownership of the Family Home and
household items they part of the property distribution.


PRENUPTIAL AGREEMENTS

A prenuptial agreement is a private agreement between a couple signed before
they get married which sets forth the division of their assets in the event of
divorce or death.


INTERSPOUSAL CONTRACTS

Prior to getting reaching the point of a common law relationship a written
agreement can be entered into by both parties signing off on the terms of the
agreement. Often an interspousal agreement is entered into to protect the
parties from the possibility of separation or divorce and set out the
requirements of the property distribution, spousal support and many other terms.
Upon divorce or separation the terms of this Agreement are upheld and
subsequently become the terms of the divorce or separation.


MACKAY & MCLEAN BARRISTER & SOLICITORS


OUR SERVICES


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FAMILY LAW

Family law includes divorce and mediation, custody arrangements, and estate and
wills.

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REAL ESTATE & PROPERTY LAW

This includes real estate, conveyance, mortgages, chattel mortgages, wills &
estates.

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CRIMINAL & TRAFFIC LAW

This includes charges pursuant to municipal law, the Canadian Criminal Code, and
Traffic Safety legislation.

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COMMERCIAL LAW

 Commercial law includes organization, shareholder contracts, and commercial
contracts.

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CIVIL LAW

This includes charges pursuant to municipal law, the Canadian Criminal Code, and
Traffic Safety legislation.

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DEBTOR-CREDITOR LAW

Debtor-Creditor law includes collection, promissory notes, general security
agreements, and issues involving the Securities Commission.

LEARN MORE




WE CAN HELP

Contact Us

Get Started

Your first consultation is free so that we may assess your need for a lawyer,
cost of services and how we may help you.

MacKay & McLean provides the professional services of a large firm, with the
intimate attention of a small firm. The legal process can be daunting and
overwhelming, but it doesn’t have to be. MacKay & McLean is with you every step
of the way.

ABOUT

MacKay and McLean provides the professional services of a large Saskatchewan law
firm, with the intimate attention of a small firm. The legal process can be
daunting and overwhelming, but it doesn’t have to be. Our Regina Lawyers are
with you every step of the way.

SERVICES

 * Real Estate & Property Law
 * Family Law
 * Civil Law
 * Debtor Creditor Law
 * Criminal Traffic Law
 * Commercial Law

CONTACT

Address: 2042 Cornwall St,
Regina, SK S4P 2K5
Phone: (306) 569-1301
Hours: Mon - Fri 8:30am - 5pm
Email: info@mackaymclean.com
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