By Cindy Lee of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, September 10, 2013. Common law spouses cannot rely on the same presumption of equal interest property rights afforded to married couples under the Matrimonial Property Act. If you are in a common-law relationship, any right you …
High asset divorce between Canadian billionaires
On behalf of Kirk Montoute Dawson LLP posted in High Asset Divorce on Sunday, September 8, 2013. Alberta hockey fans may wish to know that the Vancouver Courthouse may be experiencing the biggest divorce trial in British Columbia history if the soon-to-be exes do not reach a settlement by Sept. …
Child Custody Jurisdiction
By Gary Kirk of Kirk Montoute Dawson LLP posted in Child Custody on Sunday, September 8, 2013. In cases where child custody is in dispute and the parents live in different cities, provinces or countries, the question arises – which court has jurisdiction (or the authority) to make binding decisions …
Helping Children Succeed
By Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, September 8, 2013. It’s widely acknowledged among therapists and family law practitioners that children of divorce are at greater risk of poor outcomes later in life, especially when their parents are engaged in a high level …
When Does Child Support End in Alberta?
Our Family Law clients often ask whether child support terminates automatically when children turn 18. The Divorce Act states that child support shall be paid for so long as a child who is over the age of 18 years of age is unable to obtain the necessities of life. The …
Applying For An Advance Of Matrimonial Property
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 …
A Quick Review of Dower Rights in Alberta
A confusing topic in Family Law is the issue of dower rights, often mis-described as “dowry rights”. Failure to deal with dower rights after separation can result in unexpected and expensive consequences. Dower rights are a left-over from English law imported into Canada at Confederation. Originally, the concept of dower provided …
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 …
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 …