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 (adult interdependent partners) as subject to the (rebuttable) presumption of equal division upon termination of the relationship. What …
Prenuptial agreements (often referred to as prenup agreements or cohabitation agreements) are valid in Alberta and, in many cases, are a good idea to protect yourself in case of a future separation from your partner. Many Albertans are uncomfortable asking their partner to sign a prenuptial agreement, as they worry …
Divorce is becoming increasingly prevalent among Canadian seniors, and with the rise of such ‘grey divorces’ come unique financial considerations. While younger couples going through a divorce may have concerns about issues such as child support, older couples are more likely to be concerned about how a divorce will affect …
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 …
Alberta’s Spousal Support Advisory Guidelines offer formulas for deciding the amount and duration of spousal support to be paid following a divorce. However, using the guidelines to calculate spousal support can lead to a variety of potential payment amounts. Even with these guidelines, the determination of spousal support can be …
On behalf of Kirk Montoute Dawson LLP posted in High Asset Divorce on Wednesday, January 22, 2014. Katy Perry fans in Alberta may be interested to learn the fate of Perry’s former marital home. The Hollywood Hills home that Perry purchased with ex-husband Russell Brand was recently sold for $5.56 …
A confusing topic in family law is the issue of dower rights, often misdescribed as “dowry rights”. Failure to address dower rights after separation can result in unexpected and expensive consequences. What are Dower Rights? Dower rights are a legacy of English law that was imported into Canada at Confederation. …
