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April 2015 Archives

With no cohabitation agreement, common-law spouses may or may not have rights to property

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 division at the end of a common-law relationship is not guaranteed by the Matrimonial Property Act, so many common-law spouses decide to create cohabitation agreements for peace of mind and fairness.

Choosing ADR can protect children from conflict during separation and divorce

In the last few decades, the rate of divorce in Canada has fluctuated between 35 per cent and 42 per cent. When couples who are not married are taken into account, the rate of family breakdown increases significantly. The last year for which Statistics Canada provided information on divorces was 2008, and that year the average age at divorce for women was about 42, and the average age for men was about 44.

How is child support calculated in Alberta?

By law, children are entitled to support from both of their parents, and child support laws in Canada are guided by this principle. When parents separate or divorce, they can come to an agreement on child support without litigating the matter in court. Sometimes, though, it is necessary to ask a judge to make a child support order if the parents are unable to agree outside of court.

Should I execute a new will after separation or divorce in Alberta?

When thinking of your estate planning goals, it is important to know that the law in Alberta  does not automatically ensure that your children will receive your assets farther down the road. This is a particularly important point to ponder if you have divorced and remarried as your current spouse may have a claim against your estate for maintenance and support.  If successful, such a claim will trump any designation of assets to your adult/independent children.

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