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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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  #1  
Old 01-26-2014, 11:07 PM
Roni Roni is offline
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Default Recently Separated

Hi I would like some help with:

Ex left the marriage. After 1 year living apart either one of us can file for divorce.
- What is the right thing to do, wait for Ex to file, since she left, or I file for divorce ?
If neither one files for divorce,
- what are the legal implications in the long run ?
ie, I buy an apartment, she comes 7 years later and says some of that money is mine) can ex put a lean on my own place, after separation.

New rule that came into affect in March 2013, if either spouse had money property accumulated prior to marriage, or money from another marriage settlement
- Would that money property would need to be returned to spouse after Divorce, or would it be split 50/50 by law ?

Want to know if that is worth bringing up in Divorce case or just split everything 50/50 and move on.

Thank you
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Old 01-26-2014, 11:23 PM
Mess Mess is offline
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I'm not clear on property division in B.C., or what new rules came into effect.

First, I would contact the ex and see if they are willing to file a joint divorce order. This is the simplest way to do it, it is cheap/free, do-it-yourself easy.

I would also for myself prefer a solid separation agreement that states neither of you seek support and that you release any rights to support going forward, and that you waive any equalization of assets. This way you are comfortable and secure going forward.

If your ex refuses, then at least you know now that there are issues, rather than getting blindsided by a court action years in the future.
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Old 01-26-2014, 11:31 PM
Roni Roni is offline
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Thanks. what do you mean by ''support'' spousal or child?

Does the court take into consideration, if ex admits that married spouse for money ''Gold digger'', this was ex intention from beginning, premeditated, ex admitted after separation ?
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Old 01-27-2014, 12:41 AM
Mess Mess is offline
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You need to be clearer about your details if you want accurate information. You didn't mention anything about children.

My remark was about spousal, assuming there has been no mention of support up to this point, it would be sensible to settle amicably.

If you have children, child support is the right of the child and can't be signed away.

As far as "gold diggers," divorce is no-fault in Canada and your statement really doesn't mean anything to the courts.

Who has custody of the child right now? How long was your relationship? Did your ex work? Did you accumulate any assets during the relationship? Were you married or common-law? Does your ex work now? What training or education do they have?

All this information is necessary to give you a reasonable idea of what to expect.
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