Social media has taken the world by storm and is now a primary form of communication. It can also play a role in family court when a dispute arises. Some parents in Alberta may be able to utilize social media content to prove that they have attempted to communicate with …
Reasons for divorcing after 50
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Friday, September 20, 2013. One group of individuals in Alberta with a high divorce rate is baby boomers who are approaching their retirement years. Whether a spouse decides they want a younger partner or whether the couple ends …
Change in law permits same-sex divorce
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Monday, September 16, 2013. For years, nonresident gay and lesbian couples who were married in Alberta and other provinces have existed in a kind of limbo. Family legal issues arose because Canada refused to allow gay couples divorce …
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 …