Does an Affair Affect Division of Assets in Ontario?
Posted on October 28, 2024
Navigating divorce settlements can be highly complex, especially for individuals who do not have any type of prenuptial or postnuptial agreements in place. The intricacy of the division of assets only increases when infidelity is a factor as well. When a partner has had an affair, it can create hostility in the divorce proceedings, especially if the divorce is a direct result of such behaviour. If you or a spouse have an affair, book a legal consultation with our experienced civil litigation lawyers and family lawyers at Karrass Law to understand how it can impact your division of assets in Ontario. Our team of experienced civil litigation lawyers will guide you through the complex division of assets and represent your best interests.
Here’s what you should know about the division of assets in Ontario as it pertains to infidelity.
How Infidelity Impacts the Division of Assets
Generally, infidelity does not impact the division of assets in a divorce for any couple that does not have a prenuptial or postnuptial agreement. The Ontario Family Law Act outlines how the equalization of net family properties is to occur.
The act states that:
This Ontario Family Law Act is meant to protect parties who may not have been financially independent in their relationship, such as those who have stopped working in order to care for their children. This specific section outlines how spouses are meant to leave with assets of equal value after their divorce. Infidelity cannot impact this.
How Prenuptial and Postnuptial Agreements Impact Divorce
Although infidelity does not impact the division of assets in standard divorce proceedings, this may not be the case for couples with prenuptial and postnuptial agreements.
A prenuptial agreement is a legal contract made by a couple before they get married. It outlines how their assets and debts will be divided in the event of divorce, separation, or death. Prenups can also address issues like spousal support and financial responsibilities during the marriage. They are intended to provide clarity and protect the interests of both parties in the hopes of minimizing conflict in the future. A postnuptial agreement is relatively similar, except they are written after a couple is already married. If you have a marital contract, book a legal consultation with our family lawyers in Toronto at Karrass Law. Our team will provide you with personalized guidance based on the conditions and stipulations of your contract.
Infidelity Clause
Some people will add clauses to their marital agreements regarding infidelity in order to outline how an affair would impact the division of assets. Infidelity in a relationship often results in anger and hostility, and adding an infidelity clause to your pre or postnuptial agreements can help protect partners who have been cheated on.
An infidelity clause is a section of a marital agreement that outlines how much money a spouse is entitled to if the other is unfaithful in the marriage. This falls under the category of a “lifestyle clause,” which outlines how you expect your spouse to behave in your marriage. It also covers other non-financial expectations for your spouse. Failure to comply with one of these items usually results in some type of financial penalty. So, an affair can impact the division of assets if you have an infidelity clause in a prenuptial or postnuptial agreement,
Suing for Damages Because of an Affair
If you do not have a nuptial agreement with your spouse, you may be able to receive financial compensation by suing for emotional distress compensation in civil court. Prior to doing so, you should consult with a civil litigation lawyer to understand whether you have the grounds to sue, as these lawsuits can be challenging to win. Contact the civil litigation lawyers at Karrass Law to learn more about the criteria for emotional distress lawsuits.
Minimize Divorce Conflict with Mediation Lawyers
While infidelity can introduce emotional tension and disputes over divorce proceedings, it does not directly impact asset division in any way unless you have a nuptial agreement. Spouses who have a prenuptial or postnuptial agreement may be entitled to additional monetary compensation in the case of an affair if they have an infidelity clause in said agreement. To minimize conflict, you can explore mediation, where our mediation lawyers will represent your interests in front of a mediator in a more neutral environment.
Streamline Division of Assets with Karrass Law
Our Experienced family lawyers understand the nuances of these cases and can provide invaluable guidance to navigate the complexities involved. If you’re facing such challenges, consulting a civil litigation lawyer can help ensure that your rights are protected and that you receive fair representation. If you need expert legal advice and representation, contact the civil litigation lawyers at Karrass Law. Our team will fight for your interests.
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