got screwed at CC

[amIscrewed]

So we had our Case Conferance. I was not represented by a lawyer as I cannot afford one. The Judge basically ignored everything in my CC Brief and granted Her Lawyer all his requests. The Judge ignored my facts that I brought up about misconduct be her lawyer that happened by them consenting to things on my behalf without my knowledge! Anyways, I know I am screwed without a lawyer, but I have a question about pension valuation. It seems to be a gray area in court. We lived together for over 2 years before we got married. Does the pension valuation start at day of cohabitation or date of marriage?
Any quick insights to this would be extremely helpfull.

Thanks

 

[Canada Gold 2010]

I have a question about pension valuation. It seems to be a gray area in court. We lived together for over 2 years before we got married. Does the pension valuation start at day of cohabitation or date of marriage?
Thanks

I was in a similar situation; co-habitated together with someone for a couple years, then got married.

When my STBX and myself met with a DRO, she advised me to get my pension valuated using two different start dates to calculate its worth: date of cohabitation, as well as the date of marriage, just to see what the difference would be.......

When I called my pension plan administrator to request this information, they advised me that the rules in my province were quite clear; we were to use the date of marriage as the "start date" for the pension valuation, and that my spouse was not entitled to what accrued while we were co-habitating, unless we had a matrimonial agreement in place, when we got married, outlining the division of the pension during the years we co-habitated. I'm in Alberta.

I can't verify that what I've stated is right or wrong; this was just what my experience happened to be. I would advise that you continue to be dilligent and collect as much information as you can regarding this.

Canada Gold 2010

 

[billm]

So we had our Case Conferance. I was not represented by a lawyer as I cannot afford one. The Judge basically ignored everything in my CC Brief and granted Her Lawyer all his requests. The Judge ignored my facts that I brought up about misconduct be her lawyer that happened by them consenting to things on my behalf without my knowledge! Anyways, I know I am screwed without a lawyer, but I have a question about pension valuation. It seems to be a gray area in court. We lived together for over 2 years before we got married. Does the pension valuation start at day of cohabitation or date of marriage?
Any quick insights to this would be extremely helpfull.

Thanks

What requests did they grant and why were they unreasonable>

 

[wretchedotis]

This seems odd to me. typically orders on issues are only granted on consent in conference. Procedural orders can/are sometimes granted without consent.

What exactly was ordered? Did you agree in discussion with the judge hat they were reasonable requests? If so, you basically granted your consent.

 

[MrToronto]

common law couples just aren't allowed part of the other boyfriends/girlfriends pension...though I hear people want that changed to get at the pension

 

[Tayken]

This seems odd to me. typically orders on issues are only granted on consent in conference. Procedural orders can/are sometimes granted without consent.

What exactly was ordered? Did you agree in discussion with the judge hat they were reasonable requests? If so, you basically granted your consent.

Agreed. The purpose of a Conference is to settle matters that can be on consent and make procedural orders. So at most what you could have walked away with was something you consented to or a procedural order for disclosure etc...

 

[amIscrewed]

sorry, havn't been on since I originally posted. In a nut shell, I asked for a recent financial discloser as hers was two months old and she has made some large purchases in the last month. According to the rules, if the statement is over 30 days old, a new one must be provided or an affidavit of any changes. I was denied this. I asked for her to have to provide all monthly bank statements from all her accounts for the last 3 years to see where all the money is going- I was denied that as well. I filed all the proper paperwork and forms. Her lawyer asked for me to produce a bunch more documents on my bank account and credit cards, and he was granted all his requests!!
The Judge did not offer any advise on trying to settle issues, nor did he instruct her lawyer to try to settle. I said numerous times that I have submitted offers with no replies. The Judge said I could speak to her lawyer after court, but when we exited the courtroom, her lawyer just walked away! I don't get it!! She is the one that wants this relationship over so badly and wants me out of the house, but yet, she refuses to try to settle anything!!
Sent another offer last night via email, that the Judge said I could do, and asked that they reply to at least confirm they got it, and guess what, no reply!!! Just getting really tired of all this crap!