During a marital breakdown there are a number of issues that need to be addressed before both spouses can move on to the next chapter of their lives. Depending on the length of your relationship there may be a number of assets that require equitable division. In most cases, matrimonial property can include all property accumulated during a marriage including both assets and debt. A variety of assets are captured including bank accounts, savings, RRSPs, the matrimonial home and other assets purchased during the course of the marriage.

In Alberta, Canada’s federal Divorce Act handles the legal landscape for both child and spousal support as it relates to divorce whereas Alberta’s Matrimonial Property Act outlines the division of matrimonial property. On January 1, 2020 amendments will come into effect changing the name of this Act to the Family Property Act and extending property division rules and criteria to adult interdependent partners. As a starting point, if the couple has a pre-existing agreement in place (e.g. pre-nuptial or co-habitation agreement) the division outlined in this agreement applies.

In the absence of such an agreement, the married couple has the option of coming up with their own property settlement contractual agreement outside of courts, however this legislation provides a fallback solution for the Courts to decide. Regardless of the pathway used the couple requires independent counsel and full, accurate financial disclosure to ensure the agreement’s enforceability.

Family law can be complicated and its always advisable to contact a local Edmonton divorce lawyer to understand your legal rights. Divorces and separations can be lengthy processes, especially if handled in court as opposed to mediation or collaborative law settings. As a result, a “snapshot” date has to be selected in order to assess a monetary value of all matrimonial property, also known as the valuation date.

Ideally, the separating couple secures as much supporting documentation as possible regarding income, property and debt values at the time of separation to facilitate monitoring changes that occur during the course of separation. Ultimately the valuation date is decided by the court after hearing both sides out. Although some assets are fairly straight-forward to value (e.g. bank balances) other assets can be challenging such as real estate or family-owned businesses. Certain assets may not qualify as matrimonial property.

Both parties have an obligation to be honest with one another by fully sharing financial information regarding all property each party owns. Even if the property is owned with someone else or located outside Alberta, there exists a duty to inform your spouse of it. This includes sharing any information on a property you may have gotten rid of in the past year. Typically this process is accomplished by a Notice to Disclose Court Document and results in a complete listing of all assets along with current values and dates and value when they were originally purchased at. These assets may fall into a variety of categories as per the Matrimonial Property Act. The debts acquired during this period are listed as well.

The Alberta Rules of Court also outline additional ways to secure financial disclosure through questioning under oath or through written questioning or in person. Not all property will necessarily be divided equally as certain categories are distributed based on what is fair in the circumstances.

In order to ensure compliance with the law and understand what you’re legally entitled to, it is advisable to retain the assistance of your family lawyer to help in populating your list. Once this information is submitted, the court will hear legal arguments and identify assets that qualify as matrimonial property and deliver the verdict on both asset value and division.

The judge will decide what is fair based on a variety of factors outlined in the legislation including:

• Any pre-existing agreements between the spouses;
• Income and earning capacity of each spouse;
• Roles and contributions of each spouse during marriage;
• Length of marriage; and
• Prior court orders

The full suite of considerations is outlined in section 8 of the Matrimonial Property Act.

Speak with an experienced family lawyer today to better understand your legal rights as it relates to property division.

At Verhaeghe Law Office, our Edmonton divorce lawyers have experience in effectively dealing with matrimonial property issues and finding a timely resolution that is fair and equitable for both sides. Please contact us for a consultation today or by calling 587-410-2500 and speak directly with our legal team.

Note: This blog offers general information for your convenience and does not constitute legal advice. You’re encouraged to seek legal advice to better understand how family law may be applied in your specific situation.