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What are my rights if we separate?

Anonymous Asked:

I've been married for 32 years, but we are not intimate for more than 20 years. We fight all the time and I guessed this time we decidedly that it will never work. I'm not happy and he is not happy for a long time. we don't have much, it's only the house that both in our name that holding us up. He have investment RRSP and earned a good 70,000.00 salary.I only earned around 32,000.00. We have 2 kids all grown up now. One is 30 and the other one almost 29 years old. What is my rights. I'm 63 years old and he is 57 years old. All I want is what's right for me. Please let know.

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A Family Lawyer
10 years ago

I strongly suggest that you seek advice from a family law lawyer by way of a consultation. Also, you should browse the articles and information on the "divorce-canada.ca" website. You need to consider the different dispute resolution processes available, such as, negotiation, mediation, mediation-arbitration, and litigation. Regardless of the dispute resolution process, the parties will need to complete full financial disclosure, including, valuations of assets, and supporting documents on all assets and debts as at the date of separation. Saying that, you would need to determine whether the parties agree on the separation date. It appears that the issues are property division or equalization and spousal support, but of course there are other issues, such as health coverage, life insurance, etc. The financial disclosure step, mutual with each party, is fundamental before being able to say how things should be resolved and on what basis or terms.

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