Good night, my name isXXXXX am Peruvian and marriage to

Question

Answer 1

Answered in 2 hours by:

1/6/2012

Lawyer: Debra, Lawyer replied 11 years ago

Debra, Lawyer

Category: Canada Law

Satisfied Customers: 147,279

Experience: Lawyer

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Debra Thal (username) :

He is not correct.

Debra Thal (username) :

You will likely be entitled to share in assets acquired during the marriage and spousal support.

Debra Thal (username) :

I suggest you see a family lawyer as soon as possible without telling him.

Debra Thal (username) :

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or 403-228-1722 in Calgary

JACUSTOMER-rvgew7xh- :

Please I need your answers about all my 7 questions. I am not happy at all because your answer it is too short and quite ambiguous and you pass me only the phones number and I paid for a FULL ANSWERS CA$ 67

JACUSTOMER-rvgew7xh- :

PLEASE I NEED THE FOLLOWING CLEAR ANSWER:

1) It is possible to get from my husband alimony? We got married in Lima, Peru on February 10th 2006.

2)It is possible for me to get an apartment, just he has two. One big house in Calgary 2 floors, 3 bed, totally paid and he bougth it before we married.

And the other one is an apartment in Victoria, but as I explained has a mortgate por 15 years. He bougth during our marriage.

3) Will be possible that I will received alimony? and for how long? My husband salary is $ 20,000 monthly.

4) Will be convenient for me to put a restriction order because I am afraid from him, he loose his control very easy.

5) Will I need to go to a court? and I know it is very expensive.

6) During the divorce process what will happend if my husband cut my credit card? because he pays my expenses? what shall I do?

7) My husband has RRSP can I entitle with them or not?

8) Where can I find a spanish lawyer?

Optional Information:
State/Country relating to question: Canada

Already Tried:
Please I need your advise in all my concerns and I will appreciate to know my rights. Actually I am a Canadian Citizenship, thank you very much

Debra Thal (username) :

If he has been supporting you all along he will likely need to support for your for a while so that you can get back on your feet but your marriage is considered to be short so the support would not go on for that long.

Debra Thal (username) :

You will not be able to share in assets brought into the marriage. You may be able to share in assets acquired during the marriage but as your marriage was so short you may not get 50 % of the equity.

Debra Thal (username) :

Question 3 is the same as question one.

Debra Thal (username) :

The duration would likely be for a couple of years.

Debra Thal (username) :

If he is violent or threatening you may be able to get a restraining order.

Debra Thal (username) :

You will have to go to Court if you cannot come to an agreement outside of Court.

Debra Thal (username) :

He may very well stop your credit cards but he will have to pay you some support while things are being worked out.

Debra Thal (username) :

The RRSPs are just like other assets and as I explained yesterday and again today you will not share in assets brought into the marriage but may share in assets acquired during the marriage.

Debra Thal (username) :

I don't know where you can find a spanish speaking lawyer.

Debra Thal (username) :

But ask when you call the Referral Service whose number I already provided for you.

JACUSTOMER-rvgew7xh- :

Dear Debra,

JACUSTOMER-rvgew7xh- :

Dear Debra, in your first letter you said: "You will likely be entitled to share in assets acquired during the marriage and spousal support', but in the second one you said:" You will not be able to share in assets brought into the marriage. You may be able to share in assets acquired during the marriage but as your marriage was so short you may not get 50 % of the equity." Please would you clarify me again. And in the same way you said: "The RRSPs are just like other assets and as I explained yesterday and again today you will not share in assets brought into the marriage but may share in assets acquired during the marriage.The RRSPs are just like other assets and as I explained yesterday and again today you will not share in assets brought into the marriage but may share in assets acquired during the marriage." I cannot understand your phrase "into the marriage" versus "during the marriage" Please I would like better explanation, thank you.

Debra Thal (username) :

I understand.

Debra Thal (username) :

The assets he owned before the marriage are assets he brought into the marriage and you do not share in them.

Debra Thal (username) :

But assets he acquired during the marriage may be shared.

Debra Thal (username) :

If your marriage was longer they would be shared for sure but because a 5 year marriage is quite short you may not be able to share in them equally though it's possible.

Debra Thal (username) :

Does that help?

JACUSTOMER-rvgew7xh- :

Thank you, and I have a question VERY IMPORTANT to me:

JACUSTOMER-rvgew7xh- :

How is the time -by Canadian law- that it considered as NOT SHORT TIME OF MARRIAGE?

JACUSTOMER-rvgew7xh- :

Because in February 10th, 2012 I will have 6 years of marriage. Please clarifying me this point, again my question: AFTER HOW MANY YEARS -UNDER CANADIAN LAW- A MARRIAGE IS NOT CONSIDERED SHORT? Thank you

Debra Thal (username) :

Generally 5 years and under is considered short.

Debra Thal (username) :

But there is no cut-off and it really depends on the facts including both of your financial situations and who paid for what.

Debra Thal (username) :

If you marriage was a year long you may not get anything or very little, at 5 years you are getting into a much stronger position but the length of the marriage is a factor that Courts consider.

Debra Thal (username) :

But as you are really 6 years your position is stronger as you are not yet separated.

JACUSTOMER-rvgew7xh- :

Good afternoon,

JACUSTOMER-rvgew7xh- :

I would like your law information about the RRSP, because my husband have a huge amount in RRSP.

JACUSTOMER-rvgew7xh- :

It is possible that I will entitled or not? or will entitle since I got marry him I mean 6 years ago, or entitled since he started saving the RRSP. Actually we are sharing the same bedroom and the same bed but with NO intimacy, and in a few days I will send him trough my lawyer the claim for divorce, will be necessary to live in a different bedrooms or not? Thank you for your answer, Janet

Debra Thal (username) :

You would share in the increase in the value of the RRSP over the course of your marriage.

Debra Thal (username) :

There is no rule about where you must sleep but as long as you are in the same bed he could easily say you were not separated.

Good night, my name isXXXXX am Peruvian and marriage to

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