Category: Divorce

Adultery is a sensitive and controversial topic, and when it comes to divorce, it can have significant implications for both parties involved. In Canada, the federal government is responsible for divorce laws, and these laws are largely based on the Divorce Act. This act allows for divorce on the grounds of adultery, but what does that mean for the individuals involved? Is adultery a crime in Canada? How does it affect the divorce process and the division of assets? Let’s talk about that and more today:

Is Adultery a Crime in Canada?

In Canada, adultery is not considered a criminal offense under the Criminal Code. However, it is recognized as a ground for divorce under the Divorce Act. It is important to note that in order to obtain a divorce on the grounds of adultery, the spouse making a claim must provide evidence of the infidelity. This can be a challenging task, as it often requires hiring a private investigator or obtaining concrete proof such as text messages, emails, or photographs.

How Does Adultery Affect the Divorce Process?

When filing for divorce in Canada, there are three main grounds for divorce: separation for at least one year, adultery, and physical or mental cruelty. If a spouse chooses to file for divorce based on adultery, they must provide evidence of the infidelity, as mentioned earlier.

Once the evidence of adultery is presented in court and accepted, the divorce can be granted relatively quickly compared to divorces based on a one-year separation or cruelty. This is because there is no mandatory waiting period for divorces based on adultery. However, it is important to note that the spouse accused of adultery can contest the claim, which can lead to a more prolonged and contentious divorce process.

How Does Adultery Affect the Division of Assets and Support?

In Canada, the division of assets and spousal support in a divorce is primarily based on the concept of equalization. This means that both spouses are entitled to an equal share of the marital assets, regardless of who earned more or who was responsible for the marriage breakdown.

However, there are some instances where adultery may indirectly affect the division of assets and spousal support. For example, if the spouse who committed adultery spent a significant amount of marital funds on their extramarital affair (e.g., lavish gifts, vacations, or supporting a lover financially), the court may adjust the equalization process to account for this dissipation of assets.

Regarding spousal support, Canadian courts generally do not consider adultery as a factor in determining the amount or duration of support. However, if the adulterous spouse’s actions led to financial consequences for the other spouse, the court may consider this when determining spousal support.

What about Custody and Access to Children?

The best interests of the children are the primary concern when determining custody and access arrangements during a divorce. Adultery, in and of itself, does not generally impact custody and access decisions. However, suppose the adulterous spouse’s actions put the children at risk, such as exposing them to inappropriate situations or neglecting their needs. In that case, the court may include this in the list of factors when deciding on custody and access to children.

Conclusion

All in all, although adultery is not considered a criminal offense in Canada, it can greatly impact divorce cases. Adultery is a valid reason for divorce under the Divorce Act, and if established, it can speed up the divorce procedure. In any case, individuals dealing with a divorce caused by adultery should seek advice from a family law lawyer to gain a better understanding of their rights and choices during this challenging period.

Pathfinder Law provides a variety of legal services to clients, such as civil lawsuits, family law matters, construction law and builder’s liens, labour law, wills and estate planning, and business law services. If you are in need of family law in Abbotsford, get in touch with us today!

Divorce is one of the worst events anyone can experience, especially if they have been married for a long time and have children. Unfortunately, some marriages do not work out, and it is sometimes the best option because it can be a way to move on with life on a positive note for both parties. However, in certain places, such as British Columbia, certain things are needed to start the proceedings, such as the date of separation.

British Columbia requires the date of separation because it is the basis of many family laws in the area. For one, it affects the claims either party can make, including spousal support, child support, and property division. Conversely, it can also affect the debts the divorcing couple should pay for. Beyond that, few people know why the date of separation matters, so we will discuss the details in this article.

What Is the Date of Separation?

The date of separation is precisely what it sounds like: the date a married couple separated to mark the start of their divorce proceedings. In British Columbia, couples are considered separated as soon as one of them decides that the relationship is over, and they stop living together as a couple. It does not matter if they still live in the same house or different homes; all that matters is that they are no longer living as a couple. In other words, the date of separation is not necessarily the same as the date one of them moves out of the house.

Agreeing on the Date of Separation

When the date of separation is contested, it is necessary to look at the evidence to decide if one or both partners intended to break up. The facts will be analyzed to determine if this was intended, including the partners’ behaviour before and after the alleged separation, such as if they still shared finances, had sexual relations, or acted as a couple in public.

When couples have separated, there may be disagreement about when the separation happened. This can be a problem if one partner claims certain rights or privileges related to the date of separation. Sometimes, the couple may have had reconciliation periods or still live under the same roof, making it difficult to determine when the split occurred. In other cases, one partner may be trying to establish a different date of separation to gain a larger share of the family property or to avoid responsibility for the shared debt.

How Separation Date Affects Property Division

BC law requires dividing assets among the parties regarding the relationship’s breakdown. This may include both family and excluded property. Family property is anything acquired during the relationship, while the excluded property is anything owned before the relationship or received as a gift or inheritance. Both parties must agree to the division of the property, or else the court will decide it.

For family property, both spouses are entitled to an equal share of the family property unless they have previously agreed to something different through a prenuptial agreement, marriage contract, or some other agreement. On the other hand, excluded property acquired after the date of separation is not subject to division and, instead, remains the sole property of the individual who received it.

How Family Debt Is Affected

At its core, family debt is treated the same as family property. This includes any financial commitments made by either partner during their relationship until the point of separation. This could consist of mortgages, credit cards, lines of credit, loans, and overdrafts. The date of separation is a critical factor because, from that date onwards, each spouse is responsible for half of the family debts.

However, any debts incurred after the date of separation are solely the responsibility of that individual. The only exception is if the debt is taken to preserve family assets.

Conclusion

The date of separation matters before starting divorce proceedings, so you must know yours for a smooth process. It will not be easy, but you must remember that all assets must be divided equally so that both parties will get a fair share. This way, both parties can move on with their lives without worrying about financial issues incurred during the marriage.

If you are looking for practitioners of family law in Abbotsford, Pathfinder Law can help you! We understand the legal complexities of family law, so we will work to ensure your familial rights are protected and you get rightful compensation. Call us today at 604-850-4685 for a consultation!

When couples reach a point where their marriage is no longer working, they may be faced with the difficult decision of separating or divorcing. While both options have pros and cons, it’s important to understand their differences, especially in the Canadian context.

What’s Divorce?

A divorce is the dissolution of a marriage. This means that two married people no longer have a legal connection to each other. Reasons for divorce include adultery, abuse, desertion, or simply an inability to get along. A court will determine the end of the marriage, and the parties will then be free to move forward with their lives.

To end your marriage, you must go through the legal process of filing for divorce. The court will then split up the possessions and money you and your partner have acquired during your time together. This includes dividing all assets and liabilities so that each person has their fair share.

When Should I Choose a Divorce?

So, when should you choose a divorce? If you are certain that you want to end the relationship, divorce is the most viable solution. It will give you the legal authority to part from your partner and carry on with your life.

Additionally, if you don’t receive any economic advantages from your marriage, like shared ownership of possessions, filing taxes together, or having the same health insurance, you should consider getting a divorce.

Also, if you are looking to enter into a new marriage, you must first obtain a divorce. You cannot legally remarry until you have gone through the legal process of divorce. This is a necessary step before you can move on and marry someone else.

Finally, if you desire to terminate your marriage legally and no longer be connected to your partner (considered next of kin), then you should pursue a divorce.

What’s Marriage Separation?

Separation is the act of two people who were previously married living apart without legally ending their marriage. They are still considered married in the eyes of the law, even though they are no longer living together.

Separation involves temporarily living apart from your partner to take a step back and evaluate the relationship. It can be used to identify issues in the relationship and decide whether or not the couple wants to stay together or go their separate ways. Separation can also be used as a means to resolve conflicts and try to save the marriage.

When Should I Choose Marriage Separation?

When should you pick marriage separation? If you’re unsure about whether you want to stay married or not, marriage separation may be a good choice. It gives you and your partner a chance to take a step back and figure out what is best for your relationship.

For some couples, divorce is not an option due to religious beliefs. In such cases, they may prefer to live apart without officially dissolving their marriage. Separating while still married could be a way to maintain their faith while living apart.

Also, if you and your partner are considering separating, one of the benefits to consider is the potential tax advantages. By filing taxes jointly while separated, you may be able to take advantage of deductions and credits that you would not be able to if you were officially divorced.

Conclusion

Remember that which one fits your situation best will entirely depend on various circumstances. Either way, marriage separation and divorce are never easy to deal with, so we always recommend reaching out to a lawyer to help you understand what both routes can give you and also help you understand your rights. In doing so, you stand a better chance of making the right decision and living a happier life.

Pathfinder Law offers a wide range of legal services, covering family law, construction law, employment law, and so much more. If you are looking for family law help in Abbotsford, contact us today.

If you’re considering getting a divorce, there are a few things you should know. The divorce process can be complicated, and it’s important to be well informed before you make any decisions. After all, not only is divorce a complex situation by nature, but when it comes to the law, things can get even more confusing.

So, to ensure the process of divorce goes as smoothly as possible, here’s what we want to share with you today:

What Should I Know before Getting a Divorce?

1. The Divorce Process Can Be Lengthy and Expensive

If you’re considering a divorce, it’s important to be prepared for a long and expensive process. The divorce process can take months, or even years, to complete. And it’s important to be aware that the cost of a divorce can be high.

2. You’ll Need to Hire a Divorce Attorney

If you’re getting a divorce, you’ll need to hire a divorce attorney to represent you. A divorce attorney can help you navigate the divorce process and can also provide invaluable legal advice.

3. You’ll Need to Divide Your Assets

During the divorce process, you’ll need to divide your assets between you and your spouse. This includes your home, your savings, and any other property you own.

4. You’ll Need to Make Arrangements for Child Custody and Child Support

If you have children, you’ll need to make arrangements for child custody and child support. Child custody arrangements will determine which parent the children will live with, and child support will ensure that the children are financially supported.

5. You May Need to Undergo a Divorce Mediation

In some cases, you may need to undergo a divorce mediation. This is a process where you and your spouse meet with a neutral third party to try to resolve your differences.

What Do I Look for in a Divorce Lawyer?

When you are going through a divorce, you want to make sure that you have the best lawyer possible. This is especially true if you have children because you want to make sure that they are taken care of in the best way possible. So, with that said, let’s talk about what you need to look for when looking to work with a divorce lawyer:

1. Experience

The first thing you want to look for in a divorce lawyer is experience. You want to make sure that your lawyer has handled cases like yours before and that they know what they are doing.

2. Compatibility

It is also important to make sure that you are compatible with your lawyer. You should feel comfortable talking to them and feel like they understand your situation.

3. Cost

Another important factor to consider when choosing a divorce lawyer is cost. You want to make sure that you can afford their services and that you are getting a fair price.

4. References

Finally, you should ask for references from other clients who have used the lawyer before. This will give you a good idea of what to expect from their services.

Conclusion

The divorce process can be complicated, but it’s important to be prepared. If you’re considering a divorce, make sure you understand the process and the potential implications. And, of course, make sure to work with a divorce lawyer. They can help you navigate the complex world of divorce laws, ensuring you get the results that you want out of it.

Pathfinder Law offers a wide range of legal services, such as family law, employment law, and so on, to help individuals achieve good results. If you are looking for a divorce lawyer in Abbotsford, work with us today!

Dealing with divorce is not as smooth as it seems. Aside from forcing yourself to handle the emotional aspect that your relationship with your spouse didn’t work, you have to deal with the legalities and discuss them with your divorce lawyer. One of the most important decisions you will make during a divorce is who will get the house.

There is no simple response since it depends much on the circumstances of the relationship and state legislation. Here are some things you can ponder before making this choice.

General Rule: The House Is a “Family Property”

British Columbia’s family law states that regardless of who is listed on the title or mortgage, you and your spouse own the home you share while you are married equally. This is known as “family property.”

This general rule applies no matter how you acquired the house—whether you bought it before or after you were married or whether only one of you contributed to the purchase price. In other words, the house is not automatically awarded to the spouse listed on the title or mortgage. The court will examine all the case circumstances to decide who should get the house.

Factors the Court Will Consider

The court will deal with several factors when determining who gets the house, including:

• Who has been the primary caregiver of the children
• Who has been the primary financial relief of the family
• Who has been the main homemaker
• Who has the most equity in the house

If the couple can’t agree on who should get the house, the court will decide for them.

Instances Where Equal Division Does Not Apply

Your divorce lawyer has probably told you that the court will generally order an equal division of marital assets and liabilities, but there are a few exceptions. The following are three instances where the court will not order an equal division: 

1. If one spouse has failed to disclose assets, the court might require them to surrender a portion of their interest in the marital estate.
2. If they have committed marital misconduct (e.g., adultery, physical abuse, etc.), the court might punish them by having them forfeit some of their assets.
3. If you or your spouse makes a significantly higher income or assets than the other, the court may instruct one of you to pay a larger share of the marital estate.

 Who Gets to Live in the House during Post-separation?

While your divorce lawyer might handle all the issues surrounding your separation from your spouse, the post-separation story is entirely different. After all, there are instances where neither spouse moves out of the marital home.

This case is typically resolved through a process known as “equitable distribution.” Equitable distribution is when the court divides the marital estate fairly and equitably. This may include a variety of elements, including each spouse’s income, the marriage duration, and the contributions each spouse gives to the union. 

In most cases, the spouse not living in the marital home will be awarded temporary possession. This usually lasts until the divorce is finalized. 

Final Thoughts 

There is no easy answer regarding who gets to keep the family home after a divorce. Many factors come into play, such as who owns the property, who pays the mortgage, and who is listed on the deed. In most cases, the most suitable option is to negotiate a settlement that works for both parties.

Pathfinder Law is a reliable law firm that can help you with your marital home needs. Our divorce lawyers in Abbotsford are well-versed and qualified in all areas of family law, including property division. Contact us today for a free consultation!