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First You Say "I do"... And Then You Don't! Using Matrimonial Law To Your Advantage.

Ken Kucera's marriage was over almost before the words "I Do" had floated to the back of the church; ten months, to be precise.

Bride Julie had returned to live with her mother in Southfield, Michigan, leaving Ken in his Ontario farmhouse, alone . . . the same house he had built and was paying for, long before he married Julie.

When Julie moved out, she took with her half the wedding gifts, her jewellery-making equipment, and her personal belongings. She also managed to withdraw a cash advance of $8,000.00 from Ken's MasterCard account (which Ken had to repay) and approximately $1,400.00 from their bank account.

Was Julie, back in Michigan with her Mom, entitled to any more from Ken, out there . . . alone . . . on the farm?

If you said no, immediately consult a calendar. Note: it does not say 1950.

The Family Law Act actually says that a wife is entitled to:

a) 50% of the differences between the parties' net family property.

b) She is also entitled to 50% of the net value of the matrimonial home.

To make a long story and numerous calculations short, the Judge found that if he followed the Family Law Act strictly, Julie, back in the USA would be entitled to $86,217.00. Ouch!

Does that seem fair to you? If you said yes, you may be a resident of the planet Mars.

The Judge was able to rely on a section of the Family Law Act that allowed him to award Ken's ex wife less than the $86,217.00, because such an amount was clearly "unconscionable" or far beyond what is considered reasonable.

In the end, when the Judge had considered all the factors, including the value of Ken's farm business and the $8,000.00 Julie had taken from Ken's MasterCard, he awarded Julie $8,536.00.

Lessons to be learned?

1) When it comes to family law, things are not always as bleak as they first appear. You need to choose a good legal team to take you over the pitfalls.

2) A pre-nuptial agreement, signed before marriage can avoid a multitude of legal heartache.

The Ross Firm has a team of lawyers and support staff that does nothing but matrimonial law.

Give us a call.

Talk to us.

We can help.

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