Results 1 to 9 of 9

Thread: advice on seperation

  1. #1

    advice on seperation

    Hello all Merbites. I would like to to ask you all for some info. Please be true and if you do not know please do not answer.
    I want to leave my wife but do now know how this will work. She has bills like a car and credit cards in her name. If I leave her do I have to pay part of this dept as she accumilated this when we were married are does she have to pay it.

  2. #2
    It's a whole new ballgame
    Join Date
    Jan 2007
    Location
    Where I belong.
    Posts
    6,327
    This is not a question for merb, but for your attorney. The answer, actually, could be yes or no, depending upon what kind of arrangement you and your wife reach. As for now, however, if you simply walk away without a separation agreement, my GUESS is that you are equally liable.
    The mounties always get their man.

  3. #3
    It is impossible to answer your question without knowing where you got married and your matrimonial regime. If you were married in the province of Québec, I very strongly suggest that you read thoroughly the following: http://www.separation-divorce.info.g...a/en/index.asp It explains just about everything you have to know. Once you have read it, my suggestion is: wait an other day and read it again. The issues you are facing may be more complex then the question you ask, especially if you have children. You don't need a lawyer at this time. You need to deal with: how are you going to announce that to your wife and how are you going to convince her to seek an agreement directly or through mediation before it gets to court. If you need professional advice for that, I would suggest you contact a psychologist, not a lawyer.

    This site is also very well done: http://www.educaloi.qc.ca/loi/conjoi...is_civilement/

    Carefull: these 2 sites are good if you were married in Québec. Things are a bit different if you were married in the rest of Canada.
    Last edited by gugu; 02-26-2011 at 09:14 AM.

  4. #4
    Registered User
    Join Date
    May 2009
    Location
    Going Down Town On Your...Vertical Smile
    Posts
    233
    My separation was notarized by a divorce lawyer a week after our mutual split.

    You should know that as long as you remain separated without applying for divorce the clock runs on ...this can be damaging for both parties depending on a wide range of factors. Salaries, pensions, children, are only a few to name.

    In my case we went three years before applying for divorce. Those additional three years were added to her portion/partition, my private work pension. The Superior court judgement included those three years to my ex and her portion of the settlement. It starts on the official date of marriage and the clock stops on the date that official divorce was filed....as in my case.

    In other words she gained an additional three years of my pension plan. Don't let the clock run on, if you are absolutely sure it's over!

    Your matrimonial contract will be judged in accordance with Quebec laws and partition of almost every thing. It will be a 50/50 split...including Quebec Old Age Pension & Private Work Pension plans as it is in my case.
    Hopefully your partner worked during your marriage...mine did not, she was wife and mother at home raising children. Officially her job in the eyes of the Quebec court.

    If there are children involved you will be sharing in the cost of their care until the age of 18 and up to the age of 21 if they remain in school.

    Credit cards are as far as I know ( in my case ) the card holders responsibility and in her case it was the same.
    Inheritance belongs to each individual and remains theirs as in my case. All other goods and cash will be divided equally.

    Please remember this is in my case but, partition is partition as the word is self explanatory.

    Good luck and be careful.
    Last edited by OnUrGspot; 02-26-2011 at 10:37 AM.

  5. #5
    It's a whole new ballgame
    Join Date
    Jan 2007
    Location
    Where I belong.
    Posts
    6,327
    Quote Originally Posted by gugu View Post
    I would suggest you contact a psychologist, not a lawyer.
    The poster's questions above had to do with economic matters. My sense is that a lawyer would do him considerably more good with these issues than would a psychologist.
    The mounties always get their man.

  6. #6
    Fun n games til some1...
    Join Date
    Dec 2010
    Posts
    1,159
    depends whether you want to end on good terms or just split ASAP. Also depends if you are getting a divorce or simply seperating/living apart.

    If you wanna ditch her, and you're legally married or cohabitants she can come after you for payments since you probably used the car and shared in the CC purchases, etc.

    If she's your "wife"/cohabitation partner of 6months, you can likely just walk.

    Things to consider upfront:
    (1) But it sounds like you've share enough time and expenses with her to have her come after you with legal action. Small claims in QC are for claims up to $7000. Determine the approximate $$ amount she can sue you for and decide next steps.

    (2) Review the bog debt in her name and determine if she was the only person who benefitted from the expenditure... (likely not), but if yes, you can make a case face-to-face or in court to that effect. You can always direct her on how to pay off part of the debt in her name (ie. sell off the car, cancel memberships, cut cable TV, etc.).

    (3) If you worked a good paying job and she stayed at home to take care of your kids (whether you're the biological father or not) she can also come after you for spousal/child support for $X per month.

    Sounds like you'll be on the hook for part of the expenses in her name. But prepare finances and get an understanding of which friends are on your side vs your wife's because things might get very involved in a divorce or seperation.

  7. #7
    Quote Originally Posted by evillethings View Post
    depends whether you want to end on good terms or just split ASAP. Also depends if you are getting a divorce or simply seperating/living apart.

    If you wanna ditch her, and you're legally married or cohabitants she can come after you for payments since you probably used the car and shared in the CC purchases, etc.

    If she's your "wife"/cohabitation partner of 6months, you can likely just walk.

    Things to consider upfront:
    (1) But it sounds like you've share enough time and expenses with her to have her come after you with legal action. Small claims in QC are for claims up to $7000. Determine the approximate $$ amount she can sue you for and decide next steps.

    (2) Review the bog debt in her name and determine if she was the only person who benefitted from the expenditure... (likely not), but if yes, you can make a case face-to-face or in court to that effect. You can always direct her on how to pay off part of the debt in her name (ie. sell off the car, cancel memberships, cut cable TV, etc.).

    (3) If you worked a good paying job and she stayed at home to take care of your kids (whether you're the biological father or not) she can also come after you for spousal/child support for $X per month.

    Sounds like you'll be on the hook for part of the expenses in her name. But prepare finances and get an understanding of which friends are on your side vs your wife's because things might get very involved in a divorce or seperation.
    OH man ! you guys are complicating things... stick to SPs.... less trouble ! less trouble !

    I'd say if you're man enough and since you want to leave her... you should pay for it... than you'de be free of guilt and could enjoy endless fun with different SPs...
    But that's just me !


    Hey come to think of it... isn't this a question for Merlot ?

  8. #8
    P.M. me if you like, I'm an attorney and can answer your questions. No charge for a fellow merbite for the initial consultation,lol. By the way, the guy who waited 3 years may have been screwed because there is a principle in divorce law often applicable in Quebec whereby matrimonial assets are split based upon the values at the time of separation NOT the values as of the date of institution of divorce proceedings.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •