Separation Date

[Lindsay]

Dividing property

Duped,

The equalization of net family properties is determined using the value of the parties' assets and debts as of the date of separation. Please visit the following link for more details on calculating your net family property:

http://www.a1-ontario-divorce.com/propertydivision.htm

Let's assume for the sake of argument that you and your wife agreed that the date of separation was July 21, and on July 22 your wife acquired a $100,000.00 loan. That $100,000.00 liability would not be included in the calculation of her net family property. Had she obtained the loan on July 21, however, it would be incorporated in her calculation.

So, as you can imagine, determining the date of separation can be a huge issue in some cases, especially when one party acquires a large debt or a large asset at a certain point around the parties' separation.

This is only one of the reasons why the date of separation is important. The valuation date can also have an affect on the determination of child and spousal support payments.

I hope this helps,
Lindsay

[Duped]

I asked and recieved

I asked for the specific date that she decided to leave.

Why do you want to know? I decided conclusively in the spring, not entirely sure of the exact date. All I know for sure is that I left you on the 22nd of July, but if you would like a divorce sooner, I would be more than willing to oblige!

Does that make the separation date the 22nd of July?

[Duped]

This was her reply..

I asked for the specific date that she decided to leave.

Why do you want to know? I decided conclusively in the spring, not entirely sure of the exact date. All I know for sure is that I left you on the 22nd of July, but if you would like a divorce sooner, I would be more than willing to oblige!

Does that make the separation date the 22nd of July?

I should have stated that the above and below was her reply to my question.

"Why do you want to know? I decided conclusively in the spring, not entirely sure of the exact date. All I know for sure is that I left you on the 22nd of July, but if you would like a divorce sooner, I would be more than willing to oblige!"

If she decided in the spring, does that mean we were separated then?

Thanks
Duped

[Lindsay]

If she decided in the spring, does that mean we were separated then?

It's possible. After the Spring, were you and your wife:

1. Eating together or cooking meals for each other?
2. Performing the same household duties with and for each other?
3. Going out socially together or running errands together?
4. Sleeping in the same bed?
5. Continuing a conjugal relationship?

Basically, you need to ask yourself when you and your wife stopped living as a married couple. Although your wife may have considered separating from you in the Spring, that doesn't mean that you and she have been separated since that time. Lots of people will consider separation but will later resume thair marriage with their spouse.

There are no guidelines or rules that parties must follow in order to determine a date of separation. Asking yourselves questions like the numbered items above will help (please note: possible factors of terminiation of marriage are not limited to what I have listed above), but some parties still may not come to an agreement. An issue like this could be negotiated between the parties or their counsel until an agreement is reached, or, failing that, a judge may determine the date of separation based on the facts presented before him or her.

Lindsay

[Duped]

Significance

Thank you,

Basically it would appear that we were separated on the 22nd of july however without my knowledge. On the other hand, we did converse on the telephone during her vacation time as it was stated to be and exchange many married type salutations towards each other, how is anyone supposed to know the true merrit of these factors.

Also, if agreed that the separation occured on the 12th of August, 2 days after my ex declaired bankruptcy, I will be sholdering a larger portion of the family debt and would therefore be elidgable for equalization payments, which would be excluded from the bankruptcy.

I would therefore, only agree to the 12th of August as being the date of separation.

Does that sound about accurate?

Duped

[Hong]

Definition of the Property in a family Law Act?

I have got the separation agreement from my husband's lawer, one clause specify:

My husband and I release each other from all claims eithe may have against the other now or in the future under the terms of any statute or the commom law, including all claims under the Divoice Act, the Family Law Act, and the Succession Law reform aCT, for:
(a) prossession of property,
(b) owenership of property,
(c) divison of property,
(d) Compensation for contributions to property and
(e) an equalizaion payment

Can anyone help me to understand the term 'property' definition in the family Law Act?

Does that only refers to the home or any houses? or refers to other assets as well, for example, all savings and investments, RRSP and pensions etc?

Your help is greatly appreciated!!!

HONG

[god knows the truth]

I would say it's everthing you listed and whatever other tangible,monetary,etc.items you may have had in the past or may accumulate in the future.
Basically you both are cutting all materialistic ties to each other from the day you sign the agreement.
you may want to be leary of any monies that he accumulated while you were together but won't receive 'til later in life exension.
I'm not a legal expert but this is my opinion on the situation.
Hope I helped

[god knows the truth]

How the heck did that smiley face appear on my previous post?!!??-(rhetorical question)HA, that's strange in a humerous kinda' way.
I meant to say "ex: pension".
I think it's time for me to say GOODNIGHT IRENE!!! HA

[Hong]

Thank you for your prompt reply

Thank you for your prompt reply. I think you are right, although I may still need to hire a lawyer to review this Separation Agreement before I sign it, does it make sense?

Regards,

HONG

[logicalvelocity]

hong,

godknowsthetruth is right.

What the separtion agreement also refers to that it is an absolute discharge and will surivive divorce.

Per say, if you ex passed away, you could not lay claim against the estate or possibly receive a widow's pension etc.

Don't forget that your entiled to 50% of the CPP credits earned by the other during the time of the marriage or co-habitation. CPP can transfer these credits. It is a wise move to do so especially if you agree to the absolute discharge.