“Never marry someone you wouldn’t want to be divorced from.” – Nora Ephron Charting your matrimonial journey should be as rational as it is aspirational. A thoughtful approach will reduce your personal and financial anxiety, and ironically, removing those stressors may also improve your marriage’s chance of success. The exercise …
What is a Cohabitation Agreement?
A Cohabitation Agreement (also known as a Prenuptial Agreement) is a contract executed by unmarried couples, setting out each party’s respective rights and obligations in the event of a relationship (or marriage) breakdown. Most often, Cohabitation / Prenuptial Agreements will address the issues of property and spousal support. Parties are …
Family law: Protecting assets going into a serious relationship
When a relationship gets serious a couple — who are very often in a honeymoon phase — might decide to take things to the next level. That may mean living together. There are family law rules in Alberta that can assist each individual in making decisions when it comes to …
With no cohabitation agreement, common-law spouses may or may not have rights to property
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Thursday, April 30, 2015. A cohabitation agreement can be an effective way for common-law spouses in Calgary to clarify their rights and obligations during the relationship and in the event that the relationship ends. Property …
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, …
Common-law spouses can have peace of mind with cohabitation agreements
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Sunday, January 11, 2015. Many couples in Alberta and throughout Canada are in relationships that have lasted for many years, but the couples have chosen not to marry. The parties love and are committed to …
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 …