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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 11-11-2016, 05:42 PM
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Default divorce w/o separation agreement?

Just curious, I am now approaching 6 yrs separated and youngest child soon to turn 18...if we file for joint divorce (or I file and uncontested), will it be allowed without SA (Ont) if there are no children under 18 or property claims?

Background: both lawyers screwed around for a few years and produced nothing but draft agreements, meanwhile just shared custody. STBX and I have given up in disgust & I am not concerned about property division.

Thanks in advance...
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Old 11-11-2016, 07:06 PM
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Child support would still need to be addressed, and you would likely require an agreement stating that all property issues, equalization, pension etc have been addressed.
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Old 11-16-2016, 01:23 PM
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I gather from what I have seen in other recent posts that we can just write up our own informal SA summarizing our shared custody/no CS arrangement? It would have been an almost exact offset of we had been using table amounts based on our incomes at the time of separation anyway...
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Old 11-16-2016, 06:59 PM
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Quote:
Originally Posted by rollingesto View Post
I gather from what I have seen in other recent posts that we can just write up our own informal SA summarizing our shared custody/no CS arrangement? It would have been an almost exact offset of we had been using table amounts based on our incomes at the time of separation anyway...
Technically, CS is derived from current income, not from income at time at separation.

That said, with kid at 18 there probably won't be much of a fight. What could you possibly argue about?
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Old 11-17-2016, 01:25 PM
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...you might want to re-think that thought. Especially if there is tangible stuff on the table that can better set you up moving forward.

Quote:
Originally Posted by rollingesto View Post
Just curious, I am now approaching 6 yrs separated and youngest child soon to turn 18...if we file for joint divorce (or I file and uncontested), will it be allowed without SA (Ont) if there are no children under 18 or property claims?

Background: both lawyers screwed around for a few years and produced nothing but draft agreements, meanwhile just shared custody. STBX and I have given up in disgust & I am not concerned about property division.

Thanks in advance...
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Old 11-17-2016, 08:16 PM
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Yes, you are correct there is stuff on the table. Mat. home and cottage (not a mat home) are both in my name alone so I am really hoping that 6 yrs separated will simplify my property division. I will be fair...but on my terms.

As for kids, we agreed long ago to split 50/50 for s7 and ongoing expenses, but I have paid a far greater share (and no, relative incomes would not justify it) so hoping to recoup from equalization payment once the youngest is off to university next year and mat. home is sold.
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Old 11-23-2016, 09:23 AM
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After 7 years... if one doesn't start a motion they're not entitled. To a stake in the home for example?


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Old 11-25-2016, 06:23 PM
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Quite frankly that is the situation I am hoping for...I will still give STBX a fair deal, but it would mean I don't have to worry about documenting the little stuff
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Old 11-28-2016, 12:26 AM
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Default What if she doesn't she agree to your terms?

I'm facing a possible divorce also. Everything is under my name we been married 4 years but loved with abother for 1 month until breakdown. But i was thinking of a 80/20 split. It's it considered going to court /trial just got a judge to look at it? I don't think my Sociopath wife will go for it...

So when you say got terms.. You think shr will go for it?
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Old 12-03-2016, 03:00 PM
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The terms I have in mind will be fair, my understanding is that once past 6 yrs separated HE will not have much choice but to accept them.

I just want to be able to finally move on with my life...divorce will allow it so counting down to the time when I/we can file.

Not sure about your situation with a relatively short(er) marriage, but in my case we were together over 18 years so default split would be 50/50. I won't go too far off that but (as my lawyer pointed out) there are some grey areas where my property is concerned...
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