Family law: Separating fact from fiction in the divorce process

Family law: Separating fact from fiction in the divorce process

On Behalf of Porter Ramsay LLP | Jul, 17, 2018 | Family Law

Making the decision that a marriage isn’t working is no easy feat. Thankfully, there are resources under the family law umbrella that give individuals the tools to help with the process. Still, some people have many misconceptions about what divorce in British Columbia entails. The primary myth concerns a cheating spouse. Just because a partner is unfaithful doesn’t mean the courts will side with the other partner.

Canada has a no fault divorce system, and as such, the courts aren’t concerned with why the marriage eroded. It’s also not true that a partner has to be on board with the divorce decision. Spouses who have lived in separate dwellings for at least a year can file a court application to bring a contested divorce to a resolution. Another myth has to do with common law partners. Those who have lived together for a set number of years, most likely will have to split assets, and one partner may have to pay child and/or spousal support.

As for the matrimonial home — if one partner owned the home prior to the marriage, the non-owning partner may be entitled to a portion of the home’s value. That will likely be the case unless there is some sort of marriage contract in place like a prenuptial agreement. If the home belongs to both partners, and one moves out, he or she won’t lose interest in the home simply because he or she is no longer living there.

Consulting a British Columbia family law lawyer to get the facts straight on what the divorce process does and does not entail and what is fact and what is fiction may save a lot of stress down the road. A lawyer may be able to enlighten his or her clients to other divorce issues like what happens with pensions and other assets. The more separating partners know about the legal aspects of their divorce, the better it may be for all involved.

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