Divorce and Matrimony PDF Print E-mail
1. Q: I’ve lived in a common-law relationship with someone for 10 years. Am I entitled to ½ of the other person’s property?

A: Not necessarily. When dealing with common-law relationships, courts usually use a ‘value received’ approach to determine how to divide assets.


2. Q: How long do I have to wait to get a divorce?

A: It depends on the reason for divorce: if it is because of cruelty or adultery, then as soon as a divorce order is granted. If it is because you have been living separate and apart, it is one year immediately preceding the granting of the divorce order and you had to have lived separate and apart at the commencement of the proceeding except for one attempt at reconciliation not exceeding 90 days.


3. Q: What happens if I marry a second time and my new husband moves into my house? Does he have any rights to my house? I want my children to get my house after I die, what should I do to protect my children's rights?

A: It depends on the facts. A marriage agreement is a wise precaution and a will should be prepared to reflect your intentions consistent with the marriage contract.


Note: The information provided above does not constitute legal advice; it is for reference only and each case is and should be treated individually by a qualified lawyer.

 
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