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Kitchen Table Divorce - Limitless? - Chapter 5

The name of today’s blog is a sci-fi movie, starring Bradley Cooper, (who I regularly confuse with Ryan Reynolds), but I digress. The movie involves Brad consuming a unique pill which enhances his cognitive abilities to such a degree as becoming potentially “limitless”.


Regretfully, this movie is a work of fiction, as are the pills themselves.


Nonetheless, for some strange reason I couldn’t help draw a connection between the movie, and the reality of hard and fast limits in family law.


I’m referring to married, or common law couples who separate, but for whatever reason, choose not to address and settle their property and spousal support matters, either by way of Agreement, or court order, for months, years, or not at all.


I am constantly asked by a separated married spouse the steps needed to obtain a divorce, and my refrain remains the same. I tell them the divorce is the “easy peasy” part, the more challenging part is arriving at a comprehensive settlement of all property, spousal, and child related matters, either by consent or court order. I add that courts are extremely reluctant to simply grant a divorce without such agreement or court order in place, even if both parties are agreeable. If there are children, courts need to ensure that the financial and parenting arrangements for the children are in their best interests before a divorce order will be granted.


Nonetheless, some married couples choose to circumvent such requirement by filing, and obtaining, a divorce without any reference, or disclosure, of unresolved property matters, or indeed the existence of children.


Of course, with common law couples there is no need to request any order for divorce, or other relief from the court.


So what’s the problem?


Well, if you happen to wait more than two years to settle matters, from either the date of the divorce, or date of separation for common-law couples, you lose the right to claim an interest in any former family assets, or any claim for spousal support.


Clearly, such delay can have potentially disastrous financial consequences. Who needs that?


So, my message, if you are separated, now is the time to finally settle matters.


Unfortunately, no pill, however potent, will help if you don’t.


Know your limits.


Now go and watch the movie! Or Call Scott Taylor 604.534.6361

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