Getting a divorce is a tough situation that requires considering the emotional, physical and financial status of the partner and the people involved. If a marriage is not progressing any longer, some misconceptions often make people jump into a divorce or shy away from it.
Before you take the ultimate leap, here are six myths Laura Paris from Shulman Law Firm and Sarah Dargats from Latitude Family busted:
Myth 1: When someone cheats, the court will side the innocent partner
The court is neutral when it hands out the award because it does not consider the reason behind the breakdown of a relationship or whose fault it was. The faithfulness of a partner does not determine how things are divided, responsibilities arranged and support distributed. Since the Divorce Act is a federal decree all over Canada, the terms and conditions differ for each province. Divorce under common-law relationship does not apply to the Divorce Act and marital property laws. Consult a divorce lawyer to find out what applies to each situation.
Myth 2: Cannot divorce because partner refuses to sign
Refusal of a partner to sign a divorce paper cannot stop one from getting a divorce if you have lived separately for over a year and followed the grounds for divorce. It is possible to apply to the court to resolve and relief you of the marriage. No one has the authority to force someone to stay in an unhappy relationship, and there is no need to wait for a response.
Myth 3: No need to worry about paying spousal support and dividing assets because of common-law
Couples under common-law relationship do have to consider paying spousal support and property distribution too. Depending on the province where you live, the terms may differ. The settlement is made depending on the situation, people involved and the contribution of each partner during the duration of the union.
Myth 4: Keeping property because you got it before marriage
For a married couple, the property is divided 50-50, but for unmarried couples, several conditions determine how much entitlement is granted to the non-owner of the property. Portions of the property are usually divided based on the contribution made during the relationship or if there was any marriage or domestic contracts arranged before. It is best to consult a lawyer that can help you determine the factors.
Myth 5: Losing the house if you move out
If you are the titled owner of the house, moving out of it will not hinder your entitlement or how the court divides the asset. The court considers who made the payment and the investment put into the property, not the resident. So you do not need to be living in the house to claim it.
Myth 6: Independent pensions
When you get a divorce, the premium is also divided like other assets. The amount earned during the marriage determines the portion. However, the terms differ for each Province when it is based on a common-law relationship so consulting a lawyer is required in this situation as well.
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