How Does Financial Infidelity Affect Your Divorce Case?

Lies about money are a common cause of the breakdown of marriages and intimate relationships. The laws of Ontario enable people to dissolve domestic partnerships with or without the involvement of the court if the parties are not married to each other and do not have minor children together. If you seek to divorce your spouse, to whom you are legally married, the family courts do not require you to prove that one part is at fault. The family courts acknowledge that relationships fall apart for many different reasons and, in most cases, both parties contributed to the breakdown of the relationship. The parties can simply attend mediation and negotiate until they reach an agreement about dividing their marital property that they both acknowledge is fair; if they cannot agree, then the family court will decide the fairest way to divide the couple’s property. Sometimes there is room for disagreement about whether your ex was justified in the way he or she spent money from your marital bank account. If you are getting a divorce or breaking up with your domestic partner after your ex caused you long-lasting financial harm, contact a Mississauga family lawyer.
Lying to Your Spouse Is Not Against the Law, but the Court Might Compensate You If Your Ex Caused You Financial Losses
No fault divorce, the concept that couples can dissolve their marriages simply because they no longer wish to be married to each other, has been the law of the land in Canada for decades. In our grandparents’ generation, one party would have to ask the court to grant them a divorce because the other party had committed a major misdeed, such as adultery or abandonment; domestic violence did not even always qualify as grounds for divorce.
In the most contentious divorces, the court must decide the fairest way for dividing the marital property, which is all the property that either spouse acquired during the marriage, regardless of who earned which paycheck or bought which asset. If your spouse financially harmed you during the marriage, such as by hiding assets or spending money on an extramarital fair, you may raise this issue with the court. The court might increase the amount of marital property it awards you, even if your income is higher than your ex’s, to compensate you for the financial harm that your ex caused.
If you and your ex were not legally married, you do not need to involve the court in the separation of your property. You may need a mediator, though. With or without mediation, you have the right to file a lawsuit in civil court if your former partner caused you to incur financial losses. It is the same legal principle as suing a former business partner.
Contact Zagazeta Garcia LLP About Divorce After Your Ex Wrecked Your Finances
A family lawyer can help you finalize your divorce, even if you must seek the court’s involvement in deciding how to divide your marital property. Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.
Source:
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