Divorce Lawyer Edmonton | More Divorce Myths To Uncover
Not only is divorce a complex process, says divorce lawyer Edmonton expert, Janan Jarrah. But the laws change with the times, and divorce laws change from one country to the next. Therefore, what people might think is factual information about divorces, might actually be far from the truth. The problem is that many people base huge and life changing decisions on this mis-information.
So today we hope to uncover more divorce myths. Hear what the experts of eLaw Alliance have to say about it.
One of the most common myths is that a person feels that the law will be on their side if their spouse cheated, or treated them badly. While there are three grounds for divorce in Canada including cheating and cruelty, Canada has a no-fault divorce system. And what that means, says Jarrah, expert divorce lawyer Edmonton, is that the court will not favor one side or the other based on the nature of the break down of the marriage. Therefore, be prepared for a much more level playing field when things go to court.
Will Assets Get Divided Evenly?
The second common divorce myth is that people assume all property will be divided evenly when they divorce. While the marital home does split evenly, regardless of who’s name is on the mortgage, this does not apply to all property. In fact, says divorce lawyer Edmonton Janan Jarrah, the Divorce Act is federal legislation, but the laws governing the division of marital property is provincial. And it does vary from one province to the next. So what happened with your friend in Ontario or BC really has no bearing on what will happen here. All the more reason why you should hire the experts.
The third myth is that common law partners don’t have to divide assets or pay spousal support. While there’s no legal divorce to take place, couples who have been living together may still be required to divide their assets, or also pay spousal support. And while the legislation changes from one province to the next on how to handle spousal support or property division, it still does apply, according to divorce lawyer Edmonton expert Janan Jarrah. It is an intricate decision, looking at what the property is, the contributions to the relationship by each person as well as individual circumstances. Even common law partners should get good, qualified legal advice. They may be entitled to more than they realize.
Will You Keep Your House In A Divorce?
The fourth myth to unwrap is that if a spouse bought their home before they were married, they will get to keep it. Unfortunately, this is not necessarily the case, says Janan Jarrah, divorce lawyer Edmonton at eLaw Alliance. Even if the title is in one person’s name, once you get married, Dower Rights apply to the marital home. Dower Rights give the married person the right to occupy the home and use its contents, even if your name is not on the mortgage.
Therefore, if you divorce, it is likely the home will be split 50-50. However, if you signed a prenuptial agreement or marriage contract, that will protect you from triggering the Dower Rights in the circumstance. A great reason why couples getting married, or planning on living together should consult with a great divorce lawyer Edmonton first, and ensure they know what they are getting into.
The fifth divorce myth is that they can’t leave the marital property, or else they will risk losing it. It’s what unfortunately keeps abused partners staying in abusive and dangerous situations, because they fear they will forfeit what they would otherwise be legally entitled to. This is incredibly unfortunate says Jarrah of eLaw Alliance, divorce lawyer Edmonton.
You don’t have to be physically occupying the space to be entitled to it. Whether your name is on the title or not. If you are not legally married, Alberta doesn’t have specific laws governing the division of property, but for married couples, the Dower Rights are in place, regardless of where each spouses live. If it’s the marital home, they have rights to it.
What Happens To Your Pension When You Divorce?
The sixth and final divorce myth is that each couple gets to keep their pension when they divorce. Janan Jarrah, expert divorce lawyer Edmonton says this isn’t true – pensions are assets like anything else. They get divided up based on how much of the pension was earned during the entirety of the marriage. Unfortunately, common law couples don’t have a clear, defined answer, it may have to get settled in court. This is another great reason why hiring a great lawyer can benefit you, it can be the difference between losing half your pension, or keeping yours while getting a share of your spouse’s pension.
Ultimately, there are so many different and unique circumstances for each relationship break down or divorce. No two are the same, and so making sweeping assumptions about how yours will go, won’t end well. Get the knowledgeable advice from an expert, like the ones at eLaw Alliance in Edmonton, and get their help every step of the way. While divorce is hard and stressful, having an expert help you can minimize negative effects.