Prenuptual Agreements
In Alberta, division of property
on marital breakdown is governed by the Matrimonial Property Act.
Under the Act, marriage is treated as an economic partnership. Property
accumulated during the marriage is divided on marriage breakdown.
This regime may be undesirable or inappropriate
in certain circumstances, for instance where one or both of the partners
have obligations to dependents from a previous relationship or where
the spouses simply wish to keep their economic interests separate.
It is possible for spouses to
agree in advance that the Act will not apply to them and to specify
their own arrangements for division of property should the marriage
break down. It may be desirable to do this in a number of situations.
The most common are where one or both of the partners have obligations
to dependents arising from a previous relationship or where one or
both partners have accumlated substantial assets prior to the marriage.
An agreement to opt out of the
Matrimonial Property Act must be prepared by a lawyer to be
valid and each spouse must have separate independent legal advice.
At Birkett Ticoll
our goal is to assist you in finding an effective and practical solution
to your family law problems. Call us for a free telephone consultation.
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