Hi there. I am living in elkford, BC. My Question is regarding the determination of timing of a common law relationship.
Background: we moved in together 8 years ago, we broke up 4 years ago, she moved into her own place, we lived apart. 8 months later we got back together and she moved back in (40 months ago). Now she has just moved out. I understand we are considered common law now---when it comes to the division of assets--- do we take increase in value of personal assets (pension/rsp) from 8 years ago or would this be considered a new common law relationship started only 40 months ago.
Thank you in advance.
Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...
If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...
Introduction Divorce can be a challenging and emotionally draining process, and one of the most contentious issues is often the payment of spousal support. Many individuals going through a divorce wonder, "how to not pay spousal support in Canada?" Whi ...
Divorce is a difficult and emotional process for anyone, but it can be particularly challenging for business owners. The division of assets and determination of spousal support can have a significant impact on the future of a business. That's why it's ...
High Net Worth Divorces: Navigating the Complexities and Protecting Your Assets Divorce is never an easy process, but when it comes to a high net worth separation and divorce, the stakes are even higher. Unlike the average divorce, high net worth divor ...
Introduction The process of divorce can be emotionally taxing and often presents numerous legal challenges, especially when it involves children. One area of particular concern for parents is the matter of emergency custody, where a parent seeks immedi ...
Reply: there is a technical legal argument (by analogy to the Divorce Act cases defining duration of a relationship where a reconciliation occurs after a separation ) that your relationship is now only 40 months long as you were separated for more than 90 days. However – judges are often results oriented such that my experience suggests that I could convince a judge to view this as an 8 year relationship given that your ex has essentially been financially dependent upon you throughout the past 8 years with the exception of that 8 month period. If you never divided assets and debts during the first 8 month separation then certainly the court would look at the increase in the equity of the assets over the entire 8 year period rather than only the last 40 months. If however you previously divided or otherwise finally settled your asset division during your first separation, then the court would only look at the increase in equity over the last 40 months.