On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Saturday, May 16, 2015. Before a judge decides on the amount and duration of spousal support, entitlement to support must first be established. A disparity between the parties’ incomes is a factor to be …
Can adult children in Alberta receive child support?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Saturday, May 9, 2015. Federal and provincial laws establish criteria for when an adult child is eligible for child support. Specifically, the Divorce Act states that if a child who is 18 or older is …
With no cohabitation agreement, common-law spouses may or may not have rights to property
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Thursday, April 30, 2015. A cohabitation agreement can be an effective way for common-law spouses in Calgary to clarify their rights and obligations during the relationship and in the event that the relationship ends. Property …
Choosing ADR can protect children from conflict during separation and divorce
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Divorce Mediation on Saturday, April 25, 2015. In the last few decades, the rate of divorce in Canada has fluctuated between 35 per cent and 42 per cent. When couples who are not married are taken into account, …
How is child support calculated in Alberta?
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, …