Immediately following a separation, it is normal to feel paralyzed as to what your next steps should be. As obvious as it may seem, the first step following a separation is determining that the relationship/marriage is actually done, and there is absolutely no chance of reconciliation. Once you and your …
Declining marriage rates signal family law trends
There are many different types of families in Alberta, but unmarried or “common-law” couples seems to particularly be on the rise. Recently, Statistics Canada verified this trend. According to the General Social Survey (GSS), three-quarters of Canadian adults 25 to 64 cohabit with a partner but that a decreasing number of …
Family law: The challenges of common-law relationships
Throughout Canada, including in Alberta, the number of marriages are said to be declining. Conversely, more and more couples choose to cohabitate. While common-law relationships are accepted under family law, some differences exist that may affect the way the law treats a breakup. When a common-law relationship ends, each person …
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 …
Constructive Trust Claims and “Joint Family Venture”
By Cindy Lee of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, September 10, 2013. Common law spouses cannot rely on the same presumption of equal interest property rights afforded to married couples under the Matrimonial Property Act. If you are in a common-law relationship, any right you …
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 …