Divorce law

[mrsCALoki]

You guys have weird beliefs.

1. It depends on what the pre-nup says.
2. It depends where you are living when you get divorced.
3. In general, 1/2 of what you and she own gets divided in 1/2
4. Kids get money and assets allocated for them from future earnings.
5. If one spouse makes a LOT less than the other, alimony from future earnings can kick in as well.
6. Lawyers make a lot of money from divorces, more if you fight it.

I insisted on a pre-nup so Loki would not feel I was marrying him for his money. And none the less I found out months after that even with our pre-nup I was entitled to 1/2 of anything 'we' made after we were married as well as any presents he gave me.

 

[mandrill]

is it true that if one spouse leaves the house during separation, the law can deemed that he/she abandoned the house and the other spouse can take full possession of the house and keep it all to himself/herself??

It would depend on the exact facts, but yes, probably. But this is "possession" only. Not ownership. Nor entitlement to the value of the property.

 

[Buick Mackane]

If you catch your wife cheating, does she still get half your stuff if you divorce her?

When you say "your stuff", do you mean family assets? Do you believe she didn't contribute to them in any way and therefore they are only yours?

Have you cheated on your wife? I'd gather you have since you're on terb.
If so, is it different than your wife cheating on you?

 

[johnhenrygalt]

Buick Mackane has it right. When you are married the family assets are not "your stuff".

 

[backrubman]

I been through a divorce and handled many others of a simple nature. If things get messy and there is any dispute (particularly in regard to custody or division of property) I refer the client to a lawyer that specializes in family law as most of my experience is corporate.

well since this thread is already here, i have a question myself. My ex and i are coming up on our year of separation. I have had a few people tell me that when you separate, you must file something with the courts saying you are legally separated....is this true? because i dont particularly want to wait another full year in order to have a divorce granted.

I'm not aware of anything that must be filed by a particular time but there are minor variances from province to province but these are mostly litigation procedural differences and mostly we refer to the Canada Divorce Act. Clearly you can live "separate and apart" in the same house and the Courts do recognize this as long as both parties agree this was the case. The only reason to file anything (other than a Petition for Divorce) is if you think your spouse would disagree with when you separated. It disturbs me when you say you "dont particularly want to wait another full year" as it usually takes several years after the Petition is filed, of course I have managed the rubber stamp style divorce in a matter of a couple of months but most lawyers have no motive to push it that hard.

In fact no one wins in a divorce so the best approach is to come to a complete agreement on everything if you can. The Court still won't grant a divorce unless you both attest to having separate legal counsel but at least this expense can be minimized if everything is agreed upon. Some people stay married for many years after they separate without realizing that it can have a very negative effect when it comes to a pension split, property they continue to accumulate and should you win the lottery while still legally married... Well I need not explain that one. Infidelity only plays a role if you want to speed things along and the cheating partner is willing to file an affidavit attesting to this which is extremely rare

The executive summary is the divorce laws attempt to make sure you can go your separate ways without financial hardship for either party but this is rarely the case and the lawyers always win in the end. Fault (like infidelity or abuse) rarely plays any role in anything but I have seen it used to bypass the one year waiting period.

 

[mrsCALoki]

Buick Mackane has it right. When you are married the family assets are not "your stuff".

Unless you have a pre-nup? I think we had "my stuff", "his stuff", and "our stuff" in ours. But after the last addendum, and getting rid of all capital gains, mostly it is "our stuff".

 

[Buick Mackane]

A pre-nup would be good, even if they can be challenged.

Under Ontario family law, you get credit for all assets you bring into the marriage except for a matrimonial home.

So, if you have an investment portfolio worth $100,000 on the date of marriage, you would get a credit for that. But if you have $100,000 equity in your home, you would not. A lot of people view that outcome as unfair, and a prenuptial agreement can be used to give you credit for the equity in your home on the date of marriage.

 

[diablo77]

When you say "your stuff", do you mean family assets? Do you believe she didn't contribute to them in any way and therefore they are only yours?

Have you cheated on your wife? I'd gather you have since you're on terb.
If so, is it different than your wife cheating on you?

1. I didn't get caught. Plus a hooker and an actual relationship are different.
2. We're not happily married anyway.
3. No kids
4. Don't care about furniture and stuff, my money is offshore and she doesn't know about it. Just want the 200k that I put down as a deposit on the house that is in our joint names. I don't mind sharing the increased equity that the house has generated since purchase

 

[diablo77]

A pre-nup would be good, even if they can be challenged.

Under Ontario family law, you get credit for all assets you bring into the marriage except for a matrimonial home.

So, if you have an investment portfolio worth $100,000 on the date of marriage, you would get a credit for that. But if you have $100,000 equity in your home, you would not. A lot of people view that outcome as unfair, and a prenuptial agreement can be used to give you credit for the equity in your home on the date of marriage.

Makes sense. Thank you

 

[mrsCALoki]

1. I didn't get caught. Plus a hooker and an actual relationship are different.
2. We're not happily married anyway.
3. No kids
4. Don't care about furniture and stuff, my money is offshore and she doesn't know about it. Just want the 200k that I put down as a deposit on the house that is in our joint names. I don't mind sharing the increased equity that the house has generated since purchase

If you live in Ontario and her lawyer finds "offshore money" during the discovery you will loose a lot more than 50% of it if you tried hide it. If you bought the house after you were married she owns 1/2 . Including the deposit/down payment. And yes a good lawyer will be looking for it if your assets do not match your income.

 

[GPIDEAL]

Short answer is yes

Agreed (IMHO).

As far as a I know, the courts aren't concerned with the causes of divorce unless it affects custody of children, or violates an express term in a pre-nuptial or co-habitation agreement.

 

[diablo77]

Joy.

 

[FAST]

Hide and seak

If you live in Ontario and her lawyer finds "offshore money" during the discovery you will loose a lot more than 50% of it if you tried hide it. If you bought the house after you were married she owns 1/2 . Including the deposit/down payment. And yes a good lawyer will be looking for it if your assets do not match your income.

A good point,... and make sure your computers etc are protected with good incription software, and a have dummy area in your computers for "plausible deniability",...not pretending to be an expert here, just from experiences with friends.

The “enemy” can perform a sneak attack on you with LE, and force you to hand over computers etc.

FAST

 

[mrsCALoki]

Joy.

The estimate for raising a child from birth to 18 in Canada (2011) was approx $250,000. Not to mention University. And the courts divide that between the spouses based on their income.

Feel better now ?

 

[milehigh]

The compensation for wife makeing substantially less really hits home with me - especially when that party often makes no efforts at all to better themselves.

 

[Petzel]

Means jack shit. What you need to do is start playing dirty and hiding your assets and mortgage the home to the tits and enjoy that money. Once you file- she'll get more than half.

Yea, sure and back in the late 80's an ex wife proved in a court of law that her ex husband was hiding his assets and he ended up not only having to pay all the arrears and her lawyer costs, but a huge fine or jail time! You can be charged for just trying to hide your assets!! So that's not a bright recommendation.

 

[basketcase]

...

Have you cheated on your wife? I'd gather you have since you're on terb.
If so, is it different than your wife cheating on you?

It's different if he hasn't been caught