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As BC family agreement lawyers we want people to know that while there is a prevailing assumption that adultery on the part of one party would be an advantageous position for the other party in a domestic dispute — this is inaccurate!

British Columbia as part of Canada has a no-fault divorce regime. We are often asked by our clients whether the fact they or their spouse had an affair affects their claim for property division, spousal support and child custody.

This area can impact your case on financial issues under rare circumstances and can be part of a custody issue so consult with us across BC at any of our 4 offices by calling us toll free at 1 We are also asked by our family law clients whether an affair or some other spousal misconduct can avoid or make invalid a cohabitation or marriage agreement on the basis that this behavior may represent a rejection of How to Burnaby with men with commitment issues till death do us part concept of the wedding vow.

Schrage, ONSC CanLII the court rejected the concept that an affair would void a marriage agreement even one happening at the time West Vancouver cheating wives agreement was being West Vancouver cheating wives and signed.

In recognition of the fact that marriages are complicated institutions, whose failure can rarely be attributed to one party or the other, the law has evolved in a fashion that by Creative loafing Langley escorts large eliminates conduct from the analysis of financial entitlement.

In essence, Mr. Schrage is seeking to reintroduce conduct into the consideration of whether a marriage contract should be set aside.

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This is a road the law has been down before and, based on that experience, it is a road to be avoided unless justice demands it. In assessing whether justice demands that the disclosure requirements cbeating by one party to another when negotiating a marriage contract include the matters alleged by Mr.

Schrage, it is important Vancouuver consider the purpose of the contract in question. It is not to enforce personal obligations such as the duty to remain faithful or the commitment to remain in the relationship.

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Throughout this time numerous domestic contracts were entered into to deal with, amongst other things, the distribution of assets and spousal support in the event that that the relationship came to an end.

The age difference was of particular concern to Mr.

Schrage was the main income earner. She continued the other Eclipse gentlemens club Chilliwack during the course of her relationship with Schrage and when he discovered this in he advised her that their marriage was. While there is a prevailing assumption that adultery on the part of one party would be an advantageous position for the other party in a domestic dispute — this is inaccurate and the court in this case confirmed.

The court applied the test set West Vancouver cheating wives in s. The court determined that the wife did not have a duty to advise the husband of her infidelity — this Vanncouver not invalidate the agreement.

BC Adultery Marital Affairs Spousal Misconduct and BC Marriage and Cohabitation Agreements

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