Divorce

Divorce: FACT OR FICTION

Your trusted Family Lawyers put the most common divorce myths to rest.

1. Does your spouse have to sign for a divorce? (Fiction)
No. You do not need your spouse to sign anything if you want to get divorced in a “sole” divorce. In addition, your spouse does not need to agree before you can get divorced in Canada. You do not have to wait for your spouse to file a Response to Family Claim beyond the 30 day time limit after service has been effected.

2. Can I get divorced in Canada if I was married in another country? (Fact)
Yes. You have to satisfy the Court you were lawfully married by producing a marriage Certificate or Registration of Marriage and having it translated into English with an appropriate Affidavit by the translator. You also must satisfy the one year residency requirement in Canada before you file your divorce action.

3. Do I need to register my foreign Divorce Order in Canada for it to be valid in Canada? (Fiction)
No. There is no requirement to register foreign Divorce Orders in Canada.

4. If my spouse cheated, will the courts favour me in the lawsuit? (Fiction)
No. If a spouse was unfaithful during the marriage, this will not directly affect issues of custody or property division.

5. If I move out of the former matrimonial home, will I lose my rights to the home in the property division? (Fiction)
No. You do not have to keep residing in the home after you and your spouse separate in order to get your share of this asset. The court will consider if you are still financially contributing to the home postseparation
by paying the mortgage, strata fees, property taxes or by maintaining the asset.

6. Do I get to keep my pension and does my spouse get to keep their pension, if we get a divorce? (Fiction)

No. Employment pensions and Canada Pension Plan credits are family property and are divisible like other assets. Only that portion of the pension which accumulated during the relationship is divisible.

If you are considering divorce and need a reliable family law professional in Burnaby, give us a call at Valerie M. Little Law.

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