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Rights after an extramarital affair

Posted in Divorce, Kitchener, Location, Ontario by Questions on January 2, 2014

What are my rights (if any) to our child and property if I’ve had an extramarital affair?

1 Expert Comment

  1. On January 8, 2014 at 1:36 pm
    A Family Lawyer said:

    There is provision in the law that an extramaritial affair is not relevant to the determination of children’s best interests, and an affair also does not effect rights to property division. You should consult with a lawyer to further discuss your concerns and the situation, however I would definitely not bargain away any rights as a result of the affair and any misunderstanding that you may be entitled to less as a result of it, because frankly your rights may be as equal as someone who did not have an affair. Often times there is no interplay between morality and family law. As a Justice G. Campbell once said when he presided over matters in London, Ontario that if you wanted morales than you should see a counsellor but if you wanted decisions to family law then consult the legislation and precedent cases.

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