Oops-a-daisy: When separation agreements are ignored

Ladies and gentlemen, gather 'round, because today we're going to explore the wacky world of post-separation legal blunders we like to call, the "Oops-a-Daisy Chronicles."
Oops-a-Daisy: When Separation Agreements Are Ignored

Picture this: you and your significant other have decided to call it quits. No more shared Netflix passwords or debates over who should take out the trash. The romance has left the building, but apparently, so has your common sense. You think, “Who needs a separation agreement? We can handle this like mature adults.”

Cue the laugh track, because you’ve just stumbled into a sitcom-worthy legal disaster.

Episode 1: Who Needs a Divorce Anyway

Meet Philip, an ambitious fellow, who got married too young. He and Elise went their separate ways after a couple of years, but she never wanted to divorce because marriage is forever in the eyes of her God. No biggie, it’s just a piece of paper.

So he spends the next ten years building a multi-million dollar business without hearing a peep from his ex, until…

Suddenly he’s in a new relationship and his new paramour wants a big shiny rock and the wedding to go with it, so he has to go back to Elise to get the divorce finalized. Cue some legal disagreements and then, poof, the divorce is finalized, their marriage is gone and she vanishes with a multi-million dollar settlement thanks to that business he built. Would have been cheaper to do back when he had little to no money. 

Episode 2: The Generosity of Angels

In our second episode, we meet our protagonist, Terry, a bewildered soul who believes in the power of verbal agreements. Terry and his ex, Jordan, decide to go their separate ways. Instead of consulting a legal expert or even a 5-minute Google search, Terry confidently says, “Let’s just split everything down the middle!” They sell their home, split the net, and walk away.

Little did Terry realize that he had put $150,000 of his grandmother’s money into the property and that money could have been excluded. He’s just made a $150,000 donation to Jordan’s future well being. Oops.

Episode 3: Mortgaging the Future

Our next episode introduces us to Lisa, a DIY enthusiast with a knack for frugality. She decides to skip a separation agreement and just move on from her common-law relationship, but property would be nice so she does some shopping and enters into a contract to purchase a nice new condo in Yaletown.

Of course, this is Canada and Yaletown, so she doesn’t have enough to buy it outright. She has good credit though and the property market being what it is, enters into a contract to buy with no condition about financing. And the bank wants to give her money. She’s a great candidate, they’ll give her more than she’s asking, except…

Except there’s the little matter of her ex and her unresolved separation. The bank will give her the mortgage, but they’ll need to see a separation agreement first. Now things are down to the wire and she needs her ex to agree or suddenly she’s going to be breaching her contract to purchase. Not the best bargaining position – and suddenly her ex is feeling a lot less generous. 

The Moral of the Story

The “Oops-a-Daisy Chronicles” may be a comedy of errors, but the moral of the story is crystal clear: don’t skip out on a proper separation agreement in British Columbia! Sure, it might seem like an unnecessary step at the time, but it can save you all sorts of trouble down the road.

A well-drafted separation agreement can prevent misunderstandings, protect your assets, and ensure that support and asset division are fair for both sides. So, when love goes kaput, don’t channel your inner sitcom. Consult a legal expert and avoid the pitfalls of the “Oops-a-Daisy” route.

Remember, life is funny enough without the added tragicomedy of legal blunders. Stay informed, stay protected, and keep the comedy for your Netflix queue – not your separation agreement.

Find out more about our family law services and book a consultation here.

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Disclaimer: This blog post is for informational purposes only and should not be construed as financial or legal advice. Consult with qualified professionals regarding legal and estate matters to obtain advice suitable to your specific circumstances.

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