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| Financial Issues This forum is for discussing any of the financial issues involved in your divorce. |
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I have a quick question regarding financial statements. When a couple had first lived together for a number of years and then married later on....what information is used on form 13.1 as it pertains to assets and liabilities? I know the form says "on the date of marriage" which is what information I have input, but can it not be argued that the true date began at cohabitation and it is this information that should be used? Any thoughts?
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I believe they are referring to the last date value of possessions etc before the separation occurred.
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I'm not too sure if my question was understood. On form 13.1 there are three dates of concern as far as assets/liabilities are concerned,
1) "on date of marriage" 2) on valuation day" 3) "today" Valuation day is the official day of separation (as agreed upon) Today is just that. My question is; "is on date of marriage" just that, the actual day you were married? As it pertains to my original question, can it not be argued in a case where a couple cohabitated for three years and then got married, that the information put into this column should be from when cohabitation began? Also when the form asks for the "estimated value of your interest" and say we are dealing with an automobile jointly owned, don't you put down half the value for yourself and the other half for your spouse. I noticed on the one I received that the entire value shows up as an asset on the STBX's statement. |
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Date of marriage is just that date. The Ontario property division regime uses the date of marriage values in determining how property is divided.
It is possible to go back to the date of cohabitation in dividing property if a claim for unjust enrichment is made for the period between when cohabitation started and the marriage. This seems to be becoming more common nowadays as people live together for longer periods before they end up getting married. That being said, form 13.1 doesn't request financial information as of the date cohabitation started, and you normally wouldn't provide it unless a claim for unjust enrichment was made.
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