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Category: Marriage Agreement

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Category: Marriage Agreement

Property Division and the Enforceability of Prenuptial Agreements in Alberta

Enforcing Property Division & Prenuptial Agreements in Alberta Alberta’s Family Property Act provides a legislative scheme governing the division of a couple’s assets in the event of separation or divorce. The default rule under the Act is equal division of all property acquired during the relationship, subject to exemptions for things like gifts or inheritance. While courts retain discretion to order an unequal division, they are generally disinclined to do so in the absence of some exceptional circumstance creating a real imbalance in the contributions made by each spouse (Jensen v Jensen, 2009 ABCA 272). However, this default [...]

By |06/07/2022|

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