Property Division Lawyers in Calgary
Trusted Advocates For Complex Asset Division
There are many financial consequences to marriage. During separation and divorce, couples are subject to property division laws that determine financial entitlements and obligations. Often, however, deviation from these rules is possible, so spouses can create an appropriate and fair agreement for everyone, considering property owned and property acquired during the marriage.
Our Calgary matrimonial property division lawyers at Kirk Montoute Dawson LLP are committed to protecting your rights to fair asset division. We look at property division within the broader context of a divorce settlement, considering the full scope of relief sought, including exempt property and personal property. As skilled negotiators, we can achieve an effective resolution that achieves your objectives while minimizing conflict. Consult with our team to learn how we can help one or both spouses navigate the complexities of property division.
Family Property Division In Alberta
The Family Property Act of Alberta states that the assets of a marriage will be divided equally upon divorce. However, this presumption is a mere starting point — certain categories of assets are excluded, and property rights can be waived during a negotiation process. Property acquired during the marriage is typically subject to division of property laws. Property owned by one or both spouses before the marriage or property subject to the terms of a prenuptial agreement or cohabitation agreement may also be handled differently. Assets such as pensions, RRSPs, non-registered investments, stock incentives, real estate, commercial property, professional corporations, and businesses are subject to specific analysis.
Protecting Your Financial Interests
At Kirk Montoute Dawson LLP, we rely on the guidance of financial advisors, including actuarial determination of pension benefits, business valuators, and accountants, to ensure that a complete and accurate financial picture is available during negotiation proceedings. These resources protect our clients who choose to negotiate financial settlements outside of court.
All parties must participate in an alternative dispute resolution process in good faith. Disclosure of financial information is often a prerequisite to reaching a final agreement. In addition, any final separation agreement must be reviewed by independent counsel before signature. In this way, spouses can enter an ADR process confident that their financial interests are protected.
Tell Us Your Story
Division of Matrimonial Property and Family Property
To learn more about dividing property and how our lawyers can assist you during divorce proceedings, contact us for a consultation.
Call us toll-free at 877-563-5295. In Calgary, call 403-233-9300 or contact us online to book an appointment.