By Laurie Stephen of Kirk Montoute Dawson LLP posted in Family Law on Wednesday, August 21, 2013. In Family Law, division of matrimonial property often involves protracted litigation. In certain circumstances a party can apply to the courts to have an interim advance of funds made to them from the …
Dower Rights in Alberta: A Quick Overview
A confusing topic in family law is the issue of dower rights, often misdescribed as “dowry rights”. Failure to address dower rights after separation can result in unexpected and expensive consequences. What are Dower Rights? Dower rights are a legacy of English law that was imported into Canada at Confederation. …
What is a Common Law Relationship?
By Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, August 6, 2013. In Family Law there is a popular misconception that couples who live together for a period of six months or more achieve “common law” status and acquire rights and obligations similar to married …
Changes to Estate Law in Alberta
By Gary Kirk of Kirk Montoute Dawson LLP posted in Estate Law on Friday, August 2, 2013. In February, 2012, the Alberta government proclaimed the Wills and Succession Act. This legislation replaced a patchwork of previous legislation. It also made significant changes to well established practices in the area of …
Are Pre-Nuptial Agreements Enforceable?
We’ve recently been asked whether Pre-Nuptial Agreements are enforceable, or if they automatically “expire” after a certain period of time. The short answer is that Pre-Nuptial Agreements are a valuable tool by which assets can be preserved in the event of divorce and do not expire unless terminated by written …