Going through a divorce can be a stressful and complicated time in your life. If you and your spouse run a small business together or even if only one spouse runs the business, the value of that business will need to be determined and divided. Pursuant to the Family Property …
Adultery and Cheating – Divorce in Alberta
Adultery and unfaithfulness continue to seem to be one of the leading causes for separations in Alberta. While it is often the cause for a separation or divorce, and emotions will often be very high, many are surprised to learn it typically will not have a significant impact on the …
What is a Fair Divorce Settlement?
When a couple is getting divorced, you will often hear they are seeking a “fair” divorce settlement. The concept of a fair divorce settlement is not universal however, fairness is subjective. What may feel is fair to you may not be the same as what your former spouses feels is …
Exemptions from Division of Family Property
In Alberta, the Matrimonial Property Act has been amended and renamed the Family Property Act. The primary purpose of the amendments is to include property acquired by spouses in a non-married relationship as subject to the (rebuttable) presumption of equal division upon termination of the relationship. The Family Property Act …
Divorce Disaster Recovery: Getting Relief to the Victims
The Fault Line. The Earthquake. The Fall Out Using a natural disaster analogy to describe divorce may seem needlessly theatrical. The most fortunate couples who end their relationship will do so amicably, collaboratively and with minimal trauma. However, many spouses indeed experience the ending of a relationship as an unmitigated …
Joint Tenancy and Division of Property – It’s Complicated
When a couple decides to buy a home together, one consideration they will be faced with is how they should be reflected on title. The same dilemma can apply when one spouse owns an existing property and is considering whether to put the other spouse in title when he or …
Reclaiming financial independence following divorce
The financial stress of a divorce is a frequently discussed topic. Alberta individuals and couples at every stage in a divorce have questions about how to pursue the dissolution of their marriage without creating a seemingly impossible level of financial stress. Navigating divorce mediation in the right way, connecting with …
Can a spouse claim property rights over a business in divorce?
When it comes to getting a divorce, business owners may have a few extra things to worry about. Business that began or grew during the marriage can sometimes be considered marital property that needs to be divided during the family law process. Understanding how Alberta property rights impact business ownership and …
Considerations for retirees pursuing divorce mediation
It’s common to hear about couples staying together for the children, but what about staying together for the retirement savings? For many Alberta seniors, dividing up assets right before or during retirement can be a big undertaking, especially if plans and savings were designed with staying together in mind. For …
Does who initiates a divorce impact property rights in Alberta?
While some divorces are mutually agreed upon, many are initiated by one party. The other person may feel this is unfair, especially if they do not want the divorce themselves. However, the details of who chose to pursue a dissolution of marriage are typically unimportant in settling issues like property rights. …