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 …
Family law in Canada: Sharing a work pension after divorce
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Tuesday, April 10, 2018. When a couple who has been married or cohabiting for many years decides to call it quits, they may not be aware that employment related pensions form a potentially divisible asset, …
Do not underestimate the heavy impact of debt in divorce
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in Family Law on Wednesday, June 1, 2016. Most people approaching divorce worry about whether the division of property will be fair and allow them a decent lifestyle. What is sometimes even more important is that the division of …
Presumption of a 50-50 split only a starting point when dividing complex assets at divorce
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Friday, March 27, 2015. If your pending divorce involves significant assets, then coming to a fair division of matrimonial property will require careful analysis. Alberta’s Matrimonial Property Act states simply enough that matrimonial property …
What will the Court consider before making an exclusive possession order?
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Sunday, March 22, 2015. When separated spouses in Alberta can’t agree on who will stay in the matrimonial home, it may be necessary for one spouse to apply for exclusive possession of the property. …
Using an exclusive possession order to stay in the matrimonial home
On behalf of Kirk Montoute Dawson LLP posted in Family Law on Saturday, November 1, 2014. The matrimonial home is the most valuable asset in many divorces, and sometimes spouses disagree about who should leave the home during separation. Leaving the home does not necessarily mean that the spouse or …
Applying For An Advance Of Matrimonial Property
By Laurie Stephen of Kirk Montoute Dawson LLP posted in Family Law on Wednesday, August 21, 2013. In Family Law, division of matrimonial property often involves protracted litigation. In certain circumstances a party can apply to the courts to have an interim advance of funds made to them from the …