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March 2015 Archives

Presumption of a 50-50 split only a starting point when dividing complex assets at divorce

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 shall be divided equally between the spouses. The reality, though, is that reaching a fair and comprehensive agreement often requires special consideration of complex assets, and the idea of a 50-50 split is only a starting point.

What will the Court consider before making an exclusive possession order?

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. Under the Alberta Matrimonial Property Act, this kind of application is filed in the Court of Queen's Bench.

What factors are considered in Alberta spousal support decisions?

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, matters of spousal support are decided in two stages of legal analysis. First, it must be determined whether the spouse seeking support is entitled to it. Second, if the spouse is entitled to support, then the amount and duration must be decided.

Benefits of creating a prenuptial agreement

Prenuptial agreements (often called marriage contracts) are increasingly popular in Alberta and throughout Canada. In general, people used to think that the decision to create a prenuptial agreement indicated that the soon-to-be spouses perhaps didn't trust one another, or that there was a sense that the marriage wouldn't last.

How does arbitration work in Alberta family law disputes?

The lawyers of Kirk Montoute LLP are experienced litigators, but our firm also helps families resolve their disputes outside of court. Litigation places the parties in opposition to one another, and that situation is not always appropriate if the goal is to come to an agreement on family law issues such as child custody.

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