Business and The Divorce

Some things to think about before you get married or move in with each other. When someone is getting married or moving in together I always tell them to get a prenuptual agreement or marriage contract. All this does is protect your future and that of any children that may come along. It does not mean that you don't love each other. If the unforeseen or regrettable happens you have a clearer mind and you can save yourself a lot of heart ache and money in lawyers fees.

Right now you are in love. Your partner is sensitive to your needs. You get married or move in with each other. Life is bliss, you buy a house, start a business together, have children. Now several years pass your bored with each other, because you have children you can't find time for each other, you meet a new person that is more wonderful than your partner (you think) and the worst happens your partner finds out.

So now one of you feels the need to leave and you are in the middle of a divorce and/or separation. You hate your partner's guts and you just want to destroy them. You think you are going to take them for everything they have or your partner thinks that he/she will give you nothing, nothing nothing. Now this is a little bit of a myth other than the nothing part because you could lose everything to the courts, lawyers fees and lots of other expenses that may come up.

The myth here is that not everything gets split down the middle. If you are a spouse and your name is not on the house deed the law prevents the other spouse from selling the house without the other spouses knowledge. But it doesn't prevent them from selling it. If the house was purchased prior to the marriage then the spouse may only get a portion of the sale and if they didn't live in it they may not get anything at all. This applies to a business as well.

If you are living common-law and your name is NOT on the title to the house you are not entitled to it and they can sell it right from under you. This applies to any assests that you purchase together. You may be entitled to get something but you have to prove that you invested into it. If you start a business together operate it as a partnership and get a partnership agreement. It will save you heartache if anything should happen.

A prenuptual agreement or marriage contract will save a lot of this hassle and the expense of a bad divorce or separation can be avoided. You do not need a lawyer to create an agreement but it is advisable or a very good paralegal. A paralegal can provide some services that a lawyer does but at a reduced cost.

This is my opinion and each situation has different circumstances so some of this information may not apply to you. My intention is just to give you something to think about before you go into a relationship and it may not even be to late to explore the possibility after your married or you move in with each other. I live in Ontario Canada so this information is based on the Ontario laws, some provinces have different regulations and if you were in Quebec you wouldn't be able to get married without a legal agreement. Some lawyers and paralegals will give a 1/2 of their time for free take advantage of it. Just because you get an opinion does not diminish the love. It might preserve a friendship instead.