agreement

Do spousal support obligations continue after the recipient dies?

If the Divorce Judgment or separation agreement provides for the termination of spousal support after the death of the recipient, then the spousal support may end. But where the spousal support agreement provides that payments are to a specified date, are unreviewable and enure to the benefit of one’s estate, then the payor may be […]

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How is property divided in a divorce?

There is a presumption that all property accumulated during a marriage, whether in sole or joint names, is divisible on divorce.  However, as is so often the case, there are exceptions, including for property owned before marriage or received by gift or inheritance during the relationship. When property that is otherwise exempt from division is […]

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My partner and I are not married and each of us had assets before we moved in together. How do I protect them?

With a new year dawning, thoughts often turn to organization. One of the things that should be on your to do list is entering into a Cohabitation Agreement. The law in Alberta right now treats married and unmarried couples differently. This document allows you and your partner to set out your understanding about what should […]

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My spouse and I have separated and are in agreement on how we will deal with our assets and cash flow. Should I go ahead and put an offer on a new home?

We often receive calls from people in a time crunch: they have separated, agreed on a resolution, and placed an offer on a new home – only to learn from their bank that a new mortgage is not possible until a formal separation agreement is in place. Even if you and your ex-spouse agree on […]

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My spouse and I have made a Separation Agreement. Do we need to file the written agreement with the Court for it to be binding?

No. An agreement is binding provided that it was entered into voluntarily, with a full exchange of financial information and with independent legal advice. Having said that, agreements often contain clauses dealing with matters that must be put before the Court in order to finalize a divorce, such as matters dealing with the support and […]

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