On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Saturday, April 18, 2015. By law, children are entitled to support from both of their parents, and child support laws in Canada are guided by this principle. When parents separate or divorce, they can come …
Should I execute a new will after separation or divorce in Alberta?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Friday, April 10, 2015. When thinking of your estate planning goals, it is important to know that the law in Alberta does not automatically ensure that your children will receive your assets farther down the …
What are the grounds for divorce in Alberta?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Friday, April 3, 2015. In Canada, there are three grounds for filing for divorce: adultery committed by the other party, mental or physical cruelty committed by the other party, and one-year separation of the …
Presumption of a 50-50 split only a starting point when dividing complex assets at divorce
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Friday, March 27, 2015. If your pending divorce involves significant assets, then coming to a fair division of matrimonial property will require careful analysis. Alberta’s Matrimonial Property Act states simply enough that matrimonial property …
What will the Court consider before making an exclusive possession order?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Sunday, March 22, 2015. When separated spouses in Alberta can’t agree on who will stay in the matrimonial home, it may be necessary for one spouse to apply for exclusive possession of the property. …
What factors are considered in Alberta spousal support decisions?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, March 15, 2015. The factors that must be considered when determining a fair spousal support arrangement are many and varied, and the agreements mediated between former partners vary a great deal. In general, though, …
Benefits of creating a prenuptial agreement
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, March 8, 2015. Prenuptial agreements (often called marriage contracts) are increasingly popular in Alberta and throughout Canada. In general, people used to think that the decision to create a prenuptial agreement indicated that the …
How does arbitration work in Alberta family law disputes?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Divorce Mediation on Sunday, March 1, 2015. The lawyers of Kirk Montoute Dawson LLP are experienced litigators, but our firm also helps families resolve their disputes outside of court. Litigation places the parties in opposition to one another, …
Alberta woman seeks guardianship of non-biological daughter
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Saturday, February 21, 2015. Judges in Alberta make child custody and guardianship decisions based on the child’s best interests. While every case is different, it may be possible under certain circumstances for a person who …
What are the different kinds of child custody arrangements in Alberta?
The term “parenting,” as opposed to “custody” and “access,” is used in Alberta’s Family Law Act. Under the Act, the term “parenting” refers to the plan for how divorced or separated parents will make decisions regarding their child and how the parents’ time with the child is shared. The federal …