There are many contentious issues that can arise during a divorce. However, when it comes to property rights, the family home is often at the centre of most battles. While some divorcing couples in Alberta choose to simply sell the home and part ways, others may choose to keep it. Deciding who …
Divorce does not only involve the division of assets, but also the distribution of debts and, in some cases, future income. A family law dispute can cause a great deal of financial stress and can have a major impact on a person’s credit if they are stuck carrying more debt than they …
For most divorcing couples, financial concerns are top-of-mind. The distribution of assets and future financial support make up the bulk of the family law process in most Alberta separations. Fortunately, there are preventative measures that can be taken to avoid an unfair or drawn-out break-up. The earlier these issues are discussed in …
Many people are aware of the property-related impact a divorce can have. But what effect does this financial and personal stress have on other aspects of a person’s health and well-being? Many people in Alberta are impacted by a family law dispute, and it is important to understand how this may …
Dividing assets during a divorce can be particularly difficult when a couple owns a lot of land, or if they have a shared business. For Alberta farming families, both are often in the mix, making for complex asset division. When splitting family assets, one common question among both rural and urban …
Figuring out who gets which assets in a divorce is rarely easy, but for some couples it can get even more complicated. This is certainly the case for couples who share a business. Alberta couples with a family business or businesses can add many complexities to the property division process. Many consider shutting …
Breaking up is expensive, particularly when parties resort to litigation. It is not uncommon for large disparities in parties’ financial means to frustrate the division of matrimonial property. For example, one party may initiate proceedings and be ready to move the matter forward while the other party does not have …
The Matrimonial Property Act (MPA) is the Alberta law used to classify and distribute property when a marriage ends. The basic presumption of the law is that matrimonial property and debts will be divided equally between the spouses. The MPA also provides for some kinds of property to be exempt from …
In matters of asset division in divorce or separation, the law can be complicated. For example, when a couple divorces, there may be questions of ownership with regard to the family home. While a prenuptial agreement can help you avoid confusion by stating exactly what each spouse will receive in …
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 …
