Divorce May Be Personal. Calgary Law Isn't: Part 1
March 9, 2017
There's no denying that divorces are intense personal ordeals—as personal as the marriages they mark the end of. It's not only understandable that our clients in Calgary undergoing divorces take an emotional approach to many of the issues involved and the decisions they have to make, it would be odd if they didn't.
At the same time, we often remind our clients—and reader on our active Calgary divorce law blog—that Calgary's divorce laws and Calgary's divorce judges don't tend to take emotional considerations into account. Trying to untangle the emotional investments of a marriage is something our legal system isn't equipped to do.
Instead, Calgary's divorce laws are designed to look at marriages more like business partnerships than emotional partnerships. The goal of the Calgary Court in adjudicating a divorce is to ensure that the financial assets and liabilities that accrued during the marriage are split evenly in light of each ex-spouse's contribution to the marriage. In other words, though divorce is highly personal to those in Calgary going through it, it's anything but personal in the eyes of the law.
How does that affect you and your unique Calgary divorce? Read on for our Calgary divorce lawyers' insights into divorce in general. For answers to specific questions regarding your individual situation, please contact our office today.
Calgary Divorces are "No Fault"
One of the key implications of the "all business" perspective taken by the law in Calgary divorces is that there is no finding of fault in Calgary divorces—i.e. judges in divorces don't try to determine who caused a divorce, and any actions taken by your or your ex-spouse that didn't have a financial impact on your marriage are unlikely to be of interest to the Court. This includes infidelities, accusations of emotional abuse or alienation, feelings that one or both ex-spouses misrepresented themselves at the time of marriage, and so on.
It might be that your marriage is ending in part due to an extramarital affair, or because your ex-spouse turned out to be drastically different in marriage than they were when you were dating. But even if that's the case, it has no bearing on your divorce as far as the law is concerned, and does not entitle you (or your ex-spouse) to a greater share of assets or any form of compensation for being "wronged." When a business partnership breaks up, the assets are split between the partners no matter who is accused of mismanaging or making poor or hurtful decisions. Divorces are handled much the same way.
Contact a Calgary Divorce Lawyer for the Answers You Need
We'll look at more specific ways the impersonal, business-like perspective of Calgary's divorce laws can affect your divorce in Part 2 of this article. If you have questions concerning your specific divorce, please take this opportunity to contact one of our dedicated Calgary divorce lawyers and get the answers you need.
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