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  • family law

    Since marriage is a contract under family law, and looked upon as a financial arrangement, or business partnership, then is it true to say if partner does not want to break arrangement and will not accept your offer you can not get out of conract, even if living seperately in same house?

  • #2
    Found this on the internet....

    "Separation occurs when a couple, married or common-law, no longer lives together as a couple. You do not have to see a lawyer, go to court, or have a ‘legal separation’ to be legally separated. You do not need the consent of your spouse or partner to start living separately. You are considered legally separated as soon as you and your spouse/partner start living ‘separate and apart’ from each other with the intention of separating.
    Separation usually means living in separate places, but sometimes a couple stays in the same house even though their relationship has ended."

    My understanding on this in going through my experience is it takes just ONE of the people in the marriage to declare "separation"

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    • #3
      But can one party force the other to sell house or divorce?

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      • #4
        My understanding...and there are more knowledgeable people who I hope will chime in, is that you can get a court order to sell the matrimonial home. My advice for you is to retain a lawyer who can answer all your questions. If you are anticipating (or have already been told by your ex) that they will not be cooperative, then I'd legally start the process.

        Just my two cents...

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        • #5
          Originally posted by contractlaw View Post
          But can one party force the other to sell house or divorce?
          Yes, and yes.

          In fact, there is absolutely no way to unilaterally stop either situation.

          For the house, you can negotiate a settlement that might allow you to keep it. For the divorce, there is nothing that can be done, the divorce will be granted no matter what... eventually.

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          • #6
            Does spousal abuse have any outcome on the financial settlement? Does it matter which party starts the procedure? i.e. Is it like a buyers market or a sellers market as to how much you have to pay to get what you want or does the judge just decide. If one party does not want a divorce can that mean the other party will have to pay more in support to get divorce?

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            • #7
              Originally posted by contractlaw View Post
              Does spousal abuse have any outcome on the financial settlement?
              No, thought spurious claims of spousal abuse are often made in custody cases to create a favourable status quo.

              Does it matter which party starts the procedure?
              Not as far as I can tell, though I've seen some lawyers claim that it is better to be the applicant.

              i.e. Is it like a buyers market or a sellers market as to how much you have to pay to get what you want or does the judge just decide. If one party does not want a divorce can that mean the other party will have to pay more in support to get divorce?
              Child support is determined by tables based on the payor's income.
              Spousal support is theoretically based upon need or compensation for lost earning opportunities during the marriage.

              I get the impression that you have no idea how family law works. You're in for a bit of a surprise

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              • #8
                "In for a bit of a surprise?"How so?

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                • #9
                  I have met three lawyers. One said the legel system is not very efficient or effective and a long expensive battle. Also the law did not care who did what to who. He said judge will say "you married him"

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                  • #10
                    You seem to be thinking that the purpose of family court is to exact compensation for damages for breaching a contract.

                    But instead the courts are aiming to help parties equitably split assets, and ensure that children's best interests are protected. Parties that do not act in kids' best interests, make unreasonable demands, cause delays in settling, or cause unnecessary legal costs for the other party will not be served well in family court.

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                    • #11
                      Originally posted by contractlaw View Post
                      I have met three lawyers. One said the legel system is not very efficient or effective and a long expensive battle.
                      How many of them asked you "How much equity do you have in your home?"

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                      • #12
                        Originally posted by contractlaw View Post
                        Does spousal abuse have any outcome on the financial settlement? Does it matter which party starts the procedure? i.e. Is it like a buyers market or a sellers market as to how much you have to pay to get what you want or does the judge just decide. If one party does not want a divorce can that mean the other party will have to pay more in support to get divorce?
                        No, spousal abuse is irrelevant to the family law outcome. Though he may get criminal charges if you called police at the time it occurred.

                        How much you have to pay to get what you want depends entirely on what you want and how reasonable it is, and how cooperative the other party is.

                        If one party doesn't want the divorce, it doesn't make a big difference. It will still happen in the end. Any increase in cost would be due to the uncooperativeness of the parties, not the fact that one person wants it and the other doesn't, so it would come out in increased legal fees, not increased support.

                        Originally posted by contractlaw View Post
                        I have met three lawyers. One said the legel system is not very efficient or effective and a long expensive battle. Also the law did not care who did what to who. He said judge will say "you married him"
                        Very true. That sounds like the most honest lawyer to go with!

                        Upon marriage breakup, each spouse is entitled to half the marital home, and half the increase in net family worth over the course of the marriage. Child support is determined by incomes and residential arrangements, and spousal support is determined by the career paths of each spouse during the course of the marriage. Nothing about how each spouse treated the other comes into play.

                        If you have more specific questions, you'll have to tell us more about your situation.

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                        • #13
                          there are no children in my case

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                          • #14
                            It does not sound like it is worth fighting.

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