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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 07-28-2010, 05:02 PM
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Default Division of property

I quote from "Your Guide to Canadian Law":

"Although there are specific pieces of property that may belong to each spouse, it is actually the value of all the property you and your spouse own, minus the value of all property owned by each on the date of marriage, that is "divided."

My husband and I were married, then years later obtained a legal separation where property was divided and settled. We were separated for 4 years, but not divorced. After a separation of 4 years, we reunited for 9 years and now we are going to divorce.

For purposes of calculating the value of property, what is considered the date of marriage? When we were first married, or when we got back together a second time after the separation?

Can anyone clarify this for me?
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Old 07-28-2010, 05:19 PM
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Common sense would indicate to me you would use the 9 years together as the basis. You already split the marital property once, then recombined it.
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Old 07-29-2010, 07:10 AM
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There is something specific in that if you reconcile at any point for longer than 6 (or is it 3) months, the seperation didn't actually happen. Obviously you have exceeded this point, but since your separation was formalized in a contract, I would think contract law at least protects your orginal agreement.

This is not going to be something you can likely get solved without the advice of a laywer. I am sure the consultation fee is worth it if you wish to protect what you won the first time around.
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