Deliberate failure to comply with Court Orders is an increasingly common feature of litigation. While the Courts are typically prepared to provide litigants, particularly those who are self-represented, with a generous amount of latitude, significant sanctions will be imposed when a litigant refuses to comply with their court-ordered obligations. Those …
Dealing with your Family Business in a Divorce
Going through a divorce can be a stressful and complicated time in your life. If you and your spouse run a small business together or even if only one spouse runs the business, the value of that business will need to be determined and divided. Pursuant to the Family Property …
Joint Tenancy Meaning in Property Division: What You Need to Know
When two or more people decide to buy a home together, they will be faced with the question of how their respective interest in the property will be reflected on the title. Similarly, relationships where one party already owns a home and is considering whether to put the other person …
Signs someone may be hiding money in a high asset divorce
When a marriage ends, former couples need to work toward a resolution with regard to their joint assets and liabilities. One of the things that can make this process difficult, particularly in a high asset divorce, is when one party attempts to hide assets. This can have serious legal, emotional …
Report on bankruptcy among seniors brings to mind importance of divorce, estate planning
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Thursday, June 4, 2015. A recent CBC News article draws attention to the financial struggles seniors in Canada may encounter after retirement. The cited statistics bring to mind the importance of estate planning but …
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 …
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. …
Accounting for complex assets in a divorce settlement
On behalf of Gary Kirk of Kirk Montoute Dawson LLP posted in High Asset Divorce on Monday, January 19, 2015. The accurate valuation of matrimonial property can pose an array of challenges, perhaps especially if the spouses have acquired significant assets over time. These could include business assets, registered retirement …
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 …
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