Am I able to file a division of matrimonial property claim in Calgary?
As a divorce lawyer in Calgary, I am frequently asked by clients: Am I able to file a division of matrimonial property claim in Calgary?
Thankfully, the answer to that question is relatively straightforward and is contained in section 3 of the Matrimonial Property Act.
A Court in Calgary will have the jurisdiction over such a claim if:
The habitual residence of both spouses is in Alberta, whether or not the spouses are living together; or
The last joint habitual residence of the spouses was in Alberta; or
The spouses have not established a joint habitual residence since the time of marriage but the habitual residence of each of them at the time of marriage was in Alberta.
If none of the above apply, a spouse may still ask the Court to grant a matrimonial property Order in Alberta if that spouse has commenced a Statement of Claim for Divorce under the Divorce Act.
Many people do not realise that a claim for divorce, and a claim for the division of matrimonial property, are actually two separate claims. One proceeds under the federal Divorce Act, the other proceeds under Alberta's Matrimonial Property Act.
If you have any questions regarding the above, please feel free to contact me via email using this link, or contact me via telephone on 403-538-2105.