Hi all.
I have a couple of questions regarding a long overdue divorce that doesn't affect me directly, rather my mother in law. She is elderly and currently dealing with another crisis, therefore I am trying to procure some answers on her behalf so my husband and I can steer her in the right direction once she is able.
My mother in law (MIL) is 73 and had been separated from her husband for over 30 years. She has been in a cohabitating relationship with another man for over 25 years. My father in law (FIL) has also been living with his common law (can I even call it that?) spouse for almost 30 years. MIL & FIL never obtained a legal divorce. To my knowledge, there are no documents at all that exist that even outline any form of a separation agreement. There is no drama whatsoever and the relationship between all 4 parties is very amicable, hense there has never been a push to pursue a divorce.
Last week my MIL's common law spouse (SFIL) had a horrible accident and is in a trauma unit in Toronto. MIL has been forced to come face to face with some realities that she has swept under the rug all of these years. I guess my first question is - how, if at all, is my MIL still bound to her former husband? Is he entitled to any of her estate when she passes? Is she responsible to any of his creditors if he passes first? Would she be prudent to see that a legal divorce is put into place in order to protect herself? She and her current spouse has quite a sizeable estate, and while she does have a will in place my husband and I are worried about how this will affect her down the road.
I'm rather ignorant when it comes to divorce law in Ontario and so before we make an appointment with her to sit down with a lawyer I wanted to see if anyone could shed some light on some of my questions so we can determine if this needs immediate attention.
Thanks so much to anyone who can help!
GUF
I have a couple of questions regarding a long overdue divorce that doesn't affect me directly, rather my mother in law. She is elderly and currently dealing with another crisis, therefore I am trying to procure some answers on her behalf so my husband and I can steer her in the right direction once she is able.
My mother in law (MIL) is 73 and had been separated from her husband for over 30 years. She has been in a cohabitating relationship with another man for over 25 years. My father in law (FIL) has also been living with his common law (can I even call it that?) spouse for almost 30 years. MIL & FIL never obtained a legal divorce. To my knowledge, there are no documents at all that exist that even outline any form of a separation agreement. There is no drama whatsoever and the relationship between all 4 parties is very amicable, hense there has never been a push to pursue a divorce.
Last week my MIL's common law spouse (SFIL) had a horrible accident and is in a trauma unit in Toronto. MIL has been forced to come face to face with some realities that she has swept under the rug all of these years. I guess my first question is - how, if at all, is my MIL still bound to her former husband? Is he entitled to any of her estate when she passes? Is she responsible to any of his creditors if he passes first? Would she be prudent to see that a legal divorce is put into place in order to protect herself? She and her current spouse has quite a sizeable estate, and while she does have a will in place my husband and I are worried about how this will affect her down the road.
I'm rather ignorant when it comes to divorce law in Ontario and so before we make an appointment with her to sit down with a lawyer I wanted to see if anyone could shed some light on some of my questions so we can determine if this needs immediate attention.
Thanks so much to anyone who can help!
GUF
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