Calgary Lawyers For Division Of Matrimonial Property
Trusted Advocates Complex Asset Division
There are many financial consequences to marriage. During separation and divorce, couples are subject to laws that determine financial entitlements and obligations. Often, however, deviation from these rules is possible, so spouses can create an agreement that is appropriate and fair for everyone.
At Kirk Montoute LLP in Calgary, we are committed to protecting your rights to fair asset division. We look at property division within the broader context of a divorce settlement, taking into account the full scope of relief sought. As skilled negotiators, we can achieve an effective resolution that achieves your objectives while minimizing conflict. Consult with our team to learn how.
Matrimonial Property Division In Alberta
The Matrimonial Property Act of Alberta states that assets of a marriage will be divided equally upon divorce. However, this presumption is a mere starting point — certain categories of assets are excluded and rights to property can be waived during a negotiation process. Property subject to the terms of a prenuptial agreement or cohabitation agreement may also be handled differently. Assets such as pensions, RRSPs, non-registered investments, stock incentives, real estate, commercial property, professional corporations and businesses are subject to specific analysis.
Protecting Your Financial Interests
At Kirk Montoute LLP, we call upon the guidance of financial advisors, including actuarial determination of pension benefits, business valuators and accountants to ensure that a complete and accurate financial picture is available during negotiation proceedings. These resources protect our clients who choose to negotiate financial settlements outside of court.
All parties must participate in an alternative dispute resolution process in good faith. Disclosure of financial information is often a prerequisite to reaching a final agreement. In addition, any final separation agreement must be reviewed by independent counsel prior to signature. In this way, spouses can enter an ADR process confident that their financial interests are protected.
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Division of Matrimonial Property and Family Property
To learn more about division of matrimonial property and how our lawyers can assist you during divorce proceedings, contact us for a consultation.