Fast Facts on Matrimonial Property

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#1: Matrimonial property is property that is acquired during the relationship.

#2: The individuals can be married or unmarried couples.

#3:  Matrimonial property includes property that is solely in the name of the other party.

#4:  It is in your best interest to consult with an experienced Family Law lawyer before agreeing to any property split.

#5:  You do not need to go to court to settle property division issues.  However, for your own protection, you should consult with a lawyer before agreeing to any property division.

#6:  A completed Agreement is called a Minutes of Settlement or Separation Agreement.  Agreements that are not drafted or executed properly will not stand up in court. 

#7: A Separation Agreement can be arranged through Mediation or you and your former partner can come to an agreement and have it drafted by a Family Law lawyer.

#8: Property acquired prior to the relationship may be exempt from division.

#9: Certain types of property are not divisible - contact us to find out what is divisible and what is not.

You have questions about Alberta law. We have answers.

Q: When is the right time to file for Separation?
A: Decisions on when to file for Separation involve multiple legal considerations and, as such, should be done with the help of an experienced Family Law lawyer. For example, if you are sure that you are going to get divorced and still file for Separation, your actions could be viewed as duplicitous (read as doubly expensive). Alternatively, if you are unsure about whether to file for divorce and file for Separation, the Courts will consider your separation effective from that date, a decision that may or may not be favorable for you.

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