Just wondering if anyone has any experience with this..
I don't know the exact section, but apparently under the Family law Act, any claim a party to a divorce may have for spousal support may be barred by the passage of time if they do not start Court proceedings within two years of separation,,,(not an exact quote)
Our situation:
My fiance's wife left Sept 1 2004. I met him in May of 2006, so I was not involved in the breakup.
SA was drawn up November 2004, dealing with all issues. He took on all debt, custody of the kids, and ownersip of mat home. She waived equalization, and received $20,000 in lieu of future support claims. He ended up over $85,000 in debt.
He filed for divorce in the Spring of this year, over 5 1/2 years since she left. She filed an answer requesting $1700 a month in spousal support.
Given the passage of time, I would have thought she couldn't get it. My fiance is spending all of his limited savings (we are not well off) on a lawyer, while she gets legal aid.
Has nyone had any experience with this particular aspect of th Family Law Act? Our lawyer says that because itis a marriage of "significant length" (17 years) that she may have a case. (we will be taking this point up with them this week).
Anyone ever become across this before? Can we not argue that she missed her timeline to request spousal support?
Any real-life experience or advice would be appreciated. He's spending all his limited savings on the lawyer, and does not have the money for her support. I pay mine and my son's expenses, and we still live paycheque-to-paycheque. Any advice you have would be appreciated (we meet with the lawyer on Friday morning).
Should note that our lawyer is arguing that the $20,000 pretty much cover any equalization, she waived spousal suppport; our lawyer is arguing this.
I don't know the exact section, but apparently under the Family law Act, any claim a party to a divorce may have for spousal support may be barred by the passage of time if they do not start Court proceedings within two years of separation,,,(not an exact quote)
Our situation:
My fiance's wife left Sept 1 2004. I met him in May of 2006, so I was not involved in the breakup.
SA was drawn up November 2004, dealing with all issues. He took on all debt, custody of the kids, and ownersip of mat home. She waived equalization, and received $20,000 in lieu of future support claims. He ended up over $85,000 in debt.
He filed for divorce in the Spring of this year, over 5 1/2 years since she left. She filed an answer requesting $1700 a month in spousal support.
Given the passage of time, I would have thought she couldn't get it. My fiance is spending all of his limited savings (we are not well off) on a lawyer, while she gets legal aid.
Has nyone had any experience with this particular aspect of th Family Law Act? Our lawyer says that because itis a marriage of "significant length" (17 years) that she may have a case. (we will be taking this point up with them this week).
Anyone ever become across this before? Can we not argue that she missed her timeline to request spousal support?
Any real-life experience or advice would be appreciated. He's spending all his limited savings on the lawyer, and does not have the money for her support. I pay mine and my son's expenses, and we still live paycheque-to-paycheque. Any advice you have would be appreciated (we meet with the lawyer on Friday morning).
Should note that our lawyer is arguing that the $20,000 pretty much cover any equalization, she waived spousal suppport; our lawyer is arguing this.
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