Freeston Law Office
Freeston Law Office
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    • Home
    • Contact Us
    • Services
      • Divorce
      • Child Support
      • Spousal Support
      • Parenting And Contact
      • Property
  • Home
  • Contact Us
  • Services
    • Divorce
    • Child Support
    • Spousal Support
    • Parenting And Contact
    • Property

Freeston Law. Expert Legal Services

Protecting Business Assets

Equitable Property Division

Equitable Property Division

Safeguarding your property rights is crucial in the challenging divorce or separation process. At Freeston Law, we are dedicated to ensuring that your assets are protected and fairly divided. With our  understanding of the legal intricacies surrounding property division, we work diligently to advocate for your rights and secure an equitable resolution. 

Equitable Property Division

Equitable Property Division

Equitable Property Division

Darren Freeston will skillfully navigate the complexities of the law to safeguard your financial future. Trust in our expertise and unwavering commitment to deliver the results you deserve. Contact us today, and let us assist you with protecting your property rights during this challenging time.

Schedule Your Consultation here.

Protecting Your Property Rights

In Divorce or Separation

 The Matrimonial Property Act, or the Family Property Act, govern the distribution of matrimonial property upon marriage breakdown and family property upon the breakdown of a relationship.


Normally, an Action for Divorce will include a claim for division of Matrimonial Property if a division of matrimonial property is required.


There are no hard and fast rules as to how the Court will divide the Matrimonial Property if the parties are unable to agree on how to do so and there are many pitfalls to catch the unwary.


It is possible for the spouses to agree to divide the Matrimonial Property and to reduce the agreement into a written form.  However, the written agreement will only be valid if each spouse has acknowledged in writing, apart from the other spouse that:


a)   the spouse is aware of the nature and the effect of the agreement;


b)   the spouse is aware of the possible future claims to property the spouse may have under the Act and that the spouse intends to give up these claims to the extent necessary to give effect to the agreement, and


c)  the spouse is executing the agreement freely and voluntarily without any compulsion on the part of the other spouse.


The acknowledgement must be made before a lawyer and the parties must make their acknowledgements to different lawyers.


As of January 1, 2020, legislation which deals with the division of property acquired by unmarried couples upon the ending of their relationship came into force that, essentially, provides for the division of "family property" in a similar way to how matrimonial property is divided.  


This is available to those couples whose relationship meets the requirement of them being "adult interdependent partners." In addition, it is possible for former partners/spouses to make a claim for division of property under the law of trust.


As time goes on, less and less people will be able to rely upon the provisions of the Matrimonial Property Act and, instead, will have to rely upon the Family Property Act

Freeston Law Office

Suite 2100, 144 - 4th Avenue S.W. Calgary, Alberta T2P 3N4

403-538-2105

  

Our office is situated on the 21st floor in the west tower of the Ampersand Building, three blocks north of the 1st Street S.W. LRT station.


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