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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99956
Experience:  Lawyer
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We had a church paper sighning..we got divorce

Customer Question

We had a church paper sighning..we got divorce again no paper..he promised to give me some money but never I have a case
Submitted: 1 year ago.
Category: Canada Law
Expert:  Ulysses101 replied 1 year ago.

Hello, thank you for the question.

How long were you married?

How much did he promise to give you, and what was the money for?

Customer: replied 1 year ago.
5 years. He and his family promised a divorce settlement. A house and money. We didn't agree on a specific amount
Expert:  Ulysses101 replied 1 year ago.

As I'm sure you've been told, a non-specific promise that isn't in writing isn't worth very much. Is there any evidence of this promise? Can the witness confirm? Was it discussed in an email?

You've been divorced? When did that happen?

Customer: replied 1 year ago.
In 2003 we have been divorced. Seems like I don't have much prospect of getting the money he promised
Expert:  Ulysses101 replied 1 year ago.

I'm back, and I'm sorry that I have been away from the site for a couple of days.

Normally, I'd say that you're right. But I don't want to give you a definitive answer, for a few reasons:

1) If I tell you that you are out of luck and I'm wrong, you won't know it and you won't act on it

2) I'm not a British Columbia lawyer (which isn't a problem, except that I don't have experience in this particular issue, given that...

3) BC's family and matrimonial laws underwent a substantial revision recently, and it's possible that your right to make claims for property division, if no longer valid, could be "grandfathered in".

You really need to consult a family lawyer near you for a face-to-face consult on the issue. Many lawyers give free consults. Don't let this go until you have a firm and reliable answer one way or the other.

I'm not going to ask you for a rating or accept because I didn't answer you. I observe that you put a deposit down to the site in order to ask this question, and that's fine. The site still holds your deposit.

I'm going to opt out as your expert. There's another here on the site who is from BC, if he's around and active you may hear from him. If you don't, then see a lawyer near you in person and don't forget about your deposit to the site. You can ask for it back from customer service.

Expert:  Debra replied 1 year ago.

I am not in BC either but the BC lawyer is clearly not answering you.

You are too late to get any division of assets as you've divorced long ago at this point. It is too late too sue on an agreement as the limitation period has long passed.

But it is never too late to seek spousal support. It is not likely that you can get support at this late date but you have a legal right to apply because there is no limitation period for spousal support applications.

If this goes to court there is little likelihood that you will win but if you retain a lawyer that sends him a demand letter he make get scared and pay you something.

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