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Can I file for divorce without a separation agreement?

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Anonymous Asked:

My spouse and I have been living in separate residences for 4 years, prior to this I was living apart for a long time period in the basement in our joint home. We finally got the house sold and split the proceeds. prior to the sale of the house I was paying all expenses. Now I pay cable and car insurance and she has a job. My income has substantially decreased due to employment situation, but I have a large sum in rsps she has none. I have tried to write up a separation agreement and have asked her what she wants several times and theses requests have either been ignored or she has indicated the timing was poor and she was too busy.
I am in another relationship and we have bought a home together, and my new partner suffice it to say wants me to have my prior marriage finished with which I totally get.
I guess my question is this , I am more than willing to split my rsps and make a fair agreement with my x but she refuses to sign anything. Is she hurting herself by doing this as she has proven she doesn't need my support by refusing to sign an agreement. How can this be resolved and can I file for divorce without a separation agreement being completed?

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Stuart Zukerman
5 years ago

Obviously the ideal solution would be for her to engage in negotiations to finalize a separation agreement. Assuming she will not do that, you could simply file for divorce only and see what she does. If she does nothing and the divorce order is obtained then her time limit to bring claims to divide assets (such as RRSPs) is 2 years from the date of the divorce. Alternatively you could apply for the divorce in addition to seeking orders to divide your RRSP by way of a spousal rollover indicating the precise dollar amount you are seeking to transfer to her RRSP from your RRSP.

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