The rules governing how assets are divided when a marriage breaks down are set out in a provincial piece of legislation called the Family Relations Act, which has been with us now for, about 30 years. Since then, many cases involving property division have been considered and decided by our Courts, so having a lawyer who is familiar with the "case law" assists you to decide what position you should take in any discussions about any given asset.

Assets which can be divided range from real estate, pensions, "chattels" (household furnishings and effects), to financial investments, and even air miles!

The general rule is that once an asset is found to be a "family asset" it is divided equally, but unequal division can be ordered or agreed upon. Fairness is the governing principle.

At our office you will be given guidance as to what a likely result would be if your issue did proceed to Court. However, in all cases, our goal is to avoid having a Judge decide how your property should be divided.