Simple Divorce Papers

One of the common misconceptions with regards to Canadian divorces is that the values of assets and debts of both spouses are divided equally. Although this is the general rule, it is not without exceptions.

Divorces in Ontario, Nova Scotia, Manitoba, and Newfoundland are much less likely to depart from the norm of equal division of property. In a Nova Scotia divorce, for example, the court will be willing to consider unequal division of assets only if equal division entails a great deal of unfairness to one spouse.

For instance, if an individual of considerable wealth marries someone of significantly lesser wealth and the divorce takes place after a relatively short period of time, such as three or six months, the court may rule that it would be unjust for the wealthy party to have half of his or her assets transferred to the other spouse.

The law in other Canadian provinces gives the courts broader discretion in choosing between equal versus unequal division of assets. We therefore see the unequal division of assets doctrine being applied more often in provinces other than the four provinces mentioned above.

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Note that when assessing the suitability of equal versus unequal division of property, the court considers only the element of fairness to each spouse. It does not take into its evaluation the reasons which prompted the divorce. It may very well be that the marriage has dissolved due to infidelity of the wealthier spouse. Adultery in this case, although it is the fault of the wealthier spouse, will not be a factor the court will consider for the purposes of property division.

Irrespective of what route the court chooses to take, property that falls under certain categories are always exempt from division at the time of divorce, with some provincial exceptions. These categories include, but are not limited to: assets acquired by either spouse before marriage, assets acquired by either spouse after the official date of separation, personal belongings such as jewelry and clothing, antiques and family heirlooms, inheritances even when transferred during the marriage, and any gifts that may have been given to one spouse by the other. An example of a provincial exception is that in Nova Scotia property acquired before marriage is considered to be matrimonial property and is subject to division.

It is also worth noting that all property and assets that both parties have explicitly agreed to exclude from division of assets in the case of a divorce will be untouched for property division purposes. Although this fact is very important, it is often neglected by soon-to-wed couples. Maintaining an agreement of this nature, often called a prenuptial agreement, is a good idea to consider when entering into another matrimonial relationship.

“For a fast, low-cost, lawyer-free legal divorce visit www.DivorceOnline.ca.”