I am a senior, married to a senior, incomes are oas, gis, and a small cpp each. I want to seek separation and divorce

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Customer: I am a senior, married to a senior, incomes are oas, gis, and a small cpp each. I want to seek separation and divorce asap, as efficiently and frugally as possible. We have been living separate in the same house, which I own, breakdown happened early February 2021. Our marriage agreement is lawyer produced and very clear how to proceed on property, etc. No children. No property held together. He is unaware of my seeking info, though he is not happy in our marriage either, and I doubt he will contest anything. Where do I/we start?
JA: Was the property purchased during the marriage?
Customer: I purchased the house in 1996. Oh, we were married in 2012. According to our marriage agreement, he has no claim to the house or other properties.
JA: Were any marital funds used for the mortgage or property improvements?
Customer: None. That situation is covered in our marriage agreement, that any contributions he may make are to be considered as gifts to me and they allow for no claim to the property.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is my first marriage, his 3rd. We each own a car separately and individually. What else might the lawyer need to know?
Answered by JosephE322 in 10 mins 10 months ago
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JosephE322
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JosephE322, Expert

Hi and thank you for using JustAnswer. My name is ***** ***** I will be assisting you with your question.

I am licensed Canadian lawyer, and this conversation is for informational purposes only. I kindly ask for your patience as some questions take longer to answer and I may have to do legal research. I may be away from my desk from time to time, but rest assured I will always return back as soon as possible. If at any point during our conversation you don’t understand something, please let me know so I can clarify.

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JosephE322, Expert

Good afternoon – sorry to hear about the situation. Given you have a marriage agreement, it should be a relatively straightforward process to divide assets and address any support claims as per the agreement. You could do this on your own or with the assistance of a lawyer if needed. Once completed, you could elect to sign a separation agreement. Once you live separate and apart for 1 year, then you can file your divorce at court and have it finalized. Here is a link for the Ontario lawyer referral service to help you find a lawyer just in case: https://lsrs.lso.ca/lsrs/welcome

Does that help answer your question today or did you have any follow up questions?

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