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How long do I have to bring a division of matrimonial property claim in Calgary?

As a divorce lawyer in Calgary I am frequently asked by clients: How much time do I have to commence a division of matrimonial property claim?

The answer to that question is relatively straightforward and is contained in section 6 of the Matrimonial Property Act.

As can be seen, while section 6 would appear to require that an action be commenced within 2 years of the separation of the parties, or in one particular case, within a year of a specific event occurring, case law in Alberta has determined that a claim for the division of matrimonial property that has not been commenced within 2 years of the date of the parties' separation, can be commenced at the same time as an action for divorce, as the parties are entitled to commence a claim within 2 years of the divorce judgment being granted. Therefore, in essence, a divorce judgment resets the "2 year" clock that may have expired if the parties have been separated for more than 2 years.

If you have any questions regarding the above, please do not hesitate to contact me via email here, or via telephone on 403-538-2105.

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