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My common law and I just went through a court date with a…

My common law and I...
My common law and I just went through a court date with a separation. We decided on custody. We don't have court for another month and a half. We need mediation to divide assets.
She came back home after livin in a transition house. She wants to make it work. Can I still give her my pension and divide assets and cancel the court date?
Now we have legal bills and it would be good to pay them of and get therapy with the money. This is in BRitish Columbia Canada
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Answered in 12 hours by:
3/12/2018
Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,485
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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I am sorry to hear this.

Are you asking if you can reconcile and cancel the court date?

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Customer reply replied 4 months ago
I'm asking if I can still give her my pension now that we live in the same house again. Can we mediate before the court date. Then we can pay for all these expenses . We want to be back together again

When you say give her your pension what exactly do you mean?

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Customer reply replied 4 months ago
Like splitting our assets but staying together

You cannot simply do that.

First, there is no way to split your pension. You would be giving her money equal to 1/2 the value of the pension.

And it doesn't make sense to do this now.

Really what you should be doing to protect yourself is have a cohabitation drawn up and signed. That way you both can decide now what happens if you reconciliation doesn't work.

To divide up assets now and then reconcile and then a few months later separate will make things much more complicated.

As well, as you were going to court there was no agreement about the assets and how they will be divided up.

And this is an emotional time. You cannot know how to divide up assets fairly without legal advice. You don't know the law and even family lawyers retain their own family lawyers.

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 105,485
Experience: I am a practicing lawyer and have also been an online professional for 5 years.
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Customer reply replied 4 months ago
I do have a lawyer and we have a lawyer friend who said that I can take the money from my pension?
I know you know this, but you can use your pension to satisfy equalisation. The pension provider will pay what she is owed from the pension, by way of a locked in registered account (RRSP or some such). When they do the pension valuation they will indicate how much is available from the pension to pay her. If he owes her 20k for example, and what is available from the pension is 30k, he can use that extra 10k to satisfy other obligations (like spousal support). So this can help.

But you cannot consider this without a signed agreement.

If this is to be lieu of support your spouse needs to have independent legal advice and sign a contract with you because if she does not and you sign off on half your pension she will come after you for support.

And if you have to pay support and do so pursuant to an agreement or order and pay periodically you get to deduct all this support from income for tax purposes.

You cannot simply have her move back in and sign off on half your pension. It is very reckless in my view.

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Customer reply replied 3 months ago
Okay so if I wave the child support and spousal support in agreement for my union pension put into an agreement drafted by the lawyers and signed by us. Does it matter that we are together now? Does it affect the division of everything if we are a couple again? The reason I ask is that we have court and mediation coming up. We are back together living in the same house as a couple. We ah for what agreed to have he pension put into a joint account so that the money is used for what we agree on. Can we do this or does getting back together change the separation and division of everything?

When you reconciled it was like starting over.

So the agreement divided the assets. You enter the new relationship with the assets you received.

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Customer reply replied 3 months ago
There was no financial agreement yet. So now that we are back together means we can't divide anything from the separation before? Is this what you mean?

It is very complex but if you were separated for more than a short while you would work out what you were each entitled at separation. Then decide what you entered the new relationship with based on what you were entitled to at separation.

I am assuming that the reconciliation was for more than 90 days. I cannot read all the posts now. If not then it doesn't count as a reconciliation.

I am not going to be online for a while now as I have to take care of a couple of my kids.

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