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 as subject to the (rebuttable) presumption of equal division upon termination of the relationship. The Family Property Act …
Divorce Disaster Recovery: Getting Relief to the Victims
The Fault Line. The Earthquake. The Fall Out Using a natural disaster analogy to describe divorce may seem needlessly theatrical. The most fortunate couples who end their relationship will do so amicably, collaboratively and with minimal trauma. However, many spouses indeed experience the ending of a relationship as an unmitigated …
Can a spouse claim property rights over a business in divorce?
When it comes to getting a divorce, business owners may have a few extra things to worry about. Business that began or grew during the marriage can sometimes be considered marital property that needs to be divided during the family law process. Understanding how Alberta property rights impact business ownership and …
Interim Distribution of Matrimonial Property
Breaking up is expensive, particularly when parties resort to litigation. It is not uncommon for large disparities in parties’ financial means to frustrate the division of matrimonial property. For example, one party may initiate proceedings and be ready to move the matter forward while the other party does not have …
Is it ever too late to settle divorce matters out of court?
On behalf of Kirk Montoute Dawson LLP posted in Divorce Mediation on Saturday, August 9, 2014. If you are going through a divorce or separation, at any point in the process you can choose a method of alternative dispute resolution (ADR). Through arbitration, mediation or collaborative law, couples can reach …
The end of a marriage need not be the end of a business
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Thursday, February 27, 2014. There are many family run businesses in Calgary, often with both spouses playing a crucial role in operations. Â But with an increasing number of divorces in Alberta those businesses may be at risk. Divorce …