I am currently separated from my spouse and I made the mistake of moving out from the home hoping for a reconciliation. After 5 months of separation it looks like we are heading for a divorce. I prepared two documents; one regarding the shared custody of our child based on 50/50 parental responsibility and another one regarding division of property. I am convinced that my W prepared her own version of the separation agreement. I really hope we will reach an agreement and get one final document.
Is there any difference between shared custody and joint custody?
Since I moved out I did not pay anything towards the mortgage since I became unemployed. I am going to calculate my share in the house as being the difference between the market value and the outstanding balance of the existing mortgage divided by two. From this I will subtract the mortgage she paid since our separation. Is this fair and correct? Since I will subtract the mortgage she paid by herself during the separation it matters what date we should use to evaluate the market value of the home? I don’t think the value of the home increased that much since the separation to make a big difference. If this is not correct, then how can one evaluate the value of the matrimonial home at the time of separation?
How are the property taxes handled in a separation agreement?
I am not asking for anything from my W except shared custody for our child and to release me from the mortgage. When actually she has to buy me out? Before or after the divorce? She disliked the idea of buying me out claiming she has no money.
The maternal home will be considered as the main residence for our child, however he will be spending half of the time with me (hopefully). Even the child custody is based on 50/50 parental responsibility and my W is making more money than me, I will pay child support as per the Guidelines published by the Government of Canada. The money will go directly into his RESP so that she cannot use them for her benefit. Can I claim our child as dependent when filling the tax return?
In the case I will accept a job offer to another country before the divorce is finalized is this going to affect the child custody? Obviously, the time spent together with the child will be affected, but how about major decisions? Can my W change the terms in the separation agreement if I am moving to another country?
We did not discuss the terms of the separation agreement yet but we agree to talk about this soon so I want to be prepared. We both agree we should not use lawyers for the divorce and try to agree on the separation terms. Anyway, I will submit the documents that I prepared to a L before discussing with my W. I am sure she did that already. However, none of the lawyers I contacted wanted to review the separation agreement w/o a retainer of at least $1000. Any suggestions/advices are welcome. Thanks.
Is there any difference between shared custody and joint custody?
Since I moved out I did not pay anything towards the mortgage since I became unemployed. I am going to calculate my share in the house as being the difference between the market value and the outstanding balance of the existing mortgage divided by two. From this I will subtract the mortgage she paid since our separation. Is this fair and correct? Since I will subtract the mortgage she paid by herself during the separation it matters what date we should use to evaluate the market value of the home? I don’t think the value of the home increased that much since the separation to make a big difference. If this is not correct, then how can one evaluate the value of the matrimonial home at the time of separation?
How are the property taxes handled in a separation agreement?
I am not asking for anything from my W except shared custody for our child and to release me from the mortgage. When actually she has to buy me out? Before or after the divorce? She disliked the idea of buying me out claiming she has no money.
The maternal home will be considered as the main residence for our child, however he will be spending half of the time with me (hopefully). Even the child custody is based on 50/50 parental responsibility and my W is making more money than me, I will pay child support as per the Guidelines published by the Government of Canada. The money will go directly into his RESP so that she cannot use them for her benefit. Can I claim our child as dependent when filling the tax return?
In the case I will accept a job offer to another country before the divorce is finalized is this going to affect the child custody? Obviously, the time spent together with the child will be affected, but how about major decisions? Can my W change the terms in the separation agreement if I am moving to another country?
We did not discuss the terms of the separation agreement yet but we agree to talk about this soon so I want to be prepared. We both agree we should not use lawyers for the divorce and try to agree on the separation terms. Anyway, I will submit the documents that I prepared to a L before discussing with my W. I am sure she did that already. However, none of the lawyers I contacted wanted to review the separation agreement w/o a retainer of at least $1000. Any suggestions/advices are welcome. Thanks.
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