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 …
An Exclusive Possession Order in Alberta and What the Court Considers
When separated spouses in Alberta can’t agree on who will stay in the family home, it may be necessary for one spouse to apply for exclusive possession of the property. Under the Alberta Matrimonial Property Act, now known as the Family Property Act, this kind of application is filed in …
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, …
Benefits of creating a prenuptial agreement
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, March 8, 2015. Prenuptial agreements (often called marriage contracts) are increasingly popular in Alberta and throughout Canada. In general, people used to think that the decision to create a prenuptial agreement indicated that the …
How does arbitration work in Alberta family law disputes?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Divorce Mediation on Sunday, March 1, 2015. The lawyers of Kirk Montoute Dawson LLP are experienced litigators, but our firm also helps families resolve their disputes outside of court. Litigation places the parties in opposition to one another, …
Alberta woman seeks guardianship of non-biological daughter
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Saturday, February 21, 2015. Judges in Alberta make child custody and guardianship decisions based on the child’s best interests. While every case is different, it may be possible under certain circumstances for a person who …
What are the different kinds of child custody arrangements in Alberta?
The term “parenting,” as opposed to “custody” and “access,” is used in Alberta’s Family Law Act. Under the Act, the term “parenting” refers to the plan for how divorced or separated parents will make decisions regarding their child and how the parents’ time with the child is shared. The federal …
What do I need to change a spousal support order in Alberta?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, February 8, 2015. If you, as a recipient or payor of spousal support in Alberta, want to change the amount of support you receive or pay, then the court will require you to provide …
How can divorcing spouses benefit from mediation, as opposed to litigation?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Divorce Mediation on Sunday, February 1, 2015. The common perception used to be that divorce always had to be a battle, resulting in a winner and a loser. While many divorces do require litigation to resolve difficult disputes, …
Important to update your estate plan after divorce
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Saturday, January 24, 2015. Divorce can affect every aspect of a person’s life, including his or her estate plan. Your estate planning documents will not be automatically updated or cancelled at the end of your …