No. Low conflict files are not ones where every issue is already settled — they’re files where both parties are willing to work collaboratively toward a resolution, rather than asking the Court to decide. Courts actively encourage this kind of resolution, and we’re pleased to support it with a discounted, flat-fee structure.
Family Law — Uncontested Divorce
Uncontested Divorce Lawyer: Protect Your Future Without the Conflict
When you and your spouse agree on moving forward peacefully, you don’t need a drawn-out court battle. However, sharing a lawyer or attempting DIY paperwork can leave your rights unprotected.
At Prowse Barrette LLP, we provide the option of a fixed fee process for low conflict, uncontested divorces. We guide you through an efficient, respectful process while providing independent legal advice tailored strictly to your financial security and parental rights.
What is an Uncontested Divorce in Alberta?
An uncontested divorce in Alberta occurs when both spouses agree on all key legal matters, including parenting time, child support, spousal support, and division of property, without requiring a court trial. Because there are no outstanding legal disputes, an uncontested divorce lawyer can file a “Desk Divorce” on your behalf, allowing the Court of King’s Bench of Alberta to grant the Judgment without either party appearing in court.
Is Low Conflict Resolution right for you?
Low conflict doesn’t mean you agree on everything today. It means you and your spouse are both willing to work through the outstanding issues collaboratively, rather than asking the Court to decide them for you.
This is likely a good fit if:
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You and your spouse are both willing to negotiate in good faith -
There’s no family violence or active protection order in play -
You want cost certainty rather than hourly billing -
You’re prepared to exchange financial disclosure openly
Standard family law services may serve you better if:
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An emergency protection or restraining order is involved -
Family violence or criminal charges are a factor -
Related civil claims or contested proceedings are already underway -
One party is unwilling to negotiate or disclose
We are pleased to also offer our standard family services on a retainer basis if your matter is inappropriate for the Uncontested Divorce service.
Qualifying for an Uncontested Divorce in Alberta
An uncontested divorce occurs when both spouses reach a complete agreement on all terms of their separation before filing court documents. To file for an uncontested divorce in Alberta, your situation must meet specific legal prerequisites set out by the Divorce Act (Canada) and Alberta family law rules:
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Residency Requirement
At least one spouse must have resided in Alberta continuously for at least 12 months prior to filing the Statement of Claim for Divorce.
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Grounds for Divorce
The most common ground is living separate and apart for one full year. (While fault-based grounds like adultery or cruelty exist, they almost always convert the matter into a contested process).
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Full Agreement on Key Issues
Both parties must agree on division of matrimonial property and debt, spousal support terms, and—most importantly child support and parenting arrangements that comply with the Alberta Child Support Guidelines.
Simple 6-Step Uncontested Divorce Process
Our 6-step process provides a steady and predictable path for your divorce.
1.
Initial Consult
Meet with the client to confirm the matter is appropriate for the low-conflict service, gather facts, and confirm scope and retainer terms.
2.
Preparing Pleadings
Draft and finalize the Statement of Claim for Divorce (and Division of Family Property, if applicable) for filing with the Court of King’s Bench.
3.
Preparation of Financial Disclosure
Compile and exchange the financial disclosure package required to support settlement discussions and any final order.
4.
Settlement Discussion
Facilitate settlement discussions (settlement meeting) between the parties and their counsel to resolve outstanding issues.
5.
Settlement of Issues
Negotiate final terms and draft a binding settlement agreement setting out the resolution of all outstanding issues between the parties.
6.
Filing for Divorce
Finalize and file divorce materials with the Court, including any consent orders required to complete the file.
Why families choose our Low Conflict service
Your own independent lawyer
Unlike shared-lawyer models, each spouse retains separate counsel — so your advice is yours alone, even while the process stays efficient and collaborative.
Flat fees, disclosed upfront
You’ll know the cost of each step before it begins, so there are no surprises on your account as the file progresses.
An experienced family law team
Our family lawyers guide you through each step, from disclosure to final filing, with clear communication throughout.
Our Professionals
A dedicated team of experienced lawyers committed to clear advice, practical solutions, and trusted advocacy.
FAQs
Does “low conflict” mean we already agree on everything?
What happens if my spouse doesn’t have a lawyer?
You can proceed with our Low Conflict service; however, we cannot represent both you and your spouse. Your spouse will be responsible for obtaining their own independent legal representation if they choose to do so, or they may choose to represent themselves. We encourage both parties to obtain independent legal advice, as having legal advice on both sides can help simplify negotiations and keep the process moving smoothly.
Will the fee ever change partway through my file?
There is a flat fee for each step. If a step needs to be repeated — for example, a second settlement meeting because the first didn’t resolve matters — that step’s fee is billed again. If your file is no longer low conflict, your lawyer will move it to standard billing and notify you in writing before doing so.
How do I know if my situation qualifies?
Eligibility is confirmed at your initial consultation, where we review your circumstances against the criteria for a low conflict file. Book a consultation and we’ll let you know where your matter fits.
What happens if conflict arises during the process?
There is no need to change lawyers and pay to get them up to speed, we can transfer you to an hourly billing model to address the areas of conflict and proceed.