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Lambert v. Lambert - Property Division and Ontario Divorce Law

In the Fort Frances, Ontario, family law case of Lambert v. Lambert, Dennis Lambert and Judy Calder Lambert entered into a marriage agreement prior to their August 1995 marriage. The couple separated in July 2004.

The Lambert marriage agreement of 1995 indicated that, in the event the couple separated for longer than 90 days, the property they owned together would be split with the exception of the personal property owned by each as listed in Schedules A and B of their marriage agreements. Judy Calder Lambert only listed a 1991 Honda and general household furnishings in her Schedule and claimed she didn't know Dennis Lambert would be listing expensive mortgages, investments, heavy machinery, four vehicles and two boats.

Judy Calder Lambert claimed she never reviewed her husband's Schedule regarding personal property and therefore did not list her own items of similar worth. She claims the schedules should be ignored, and all the couple's property should be split. The Court ruled that, Mr. Lambert failed to properly disclose his financial circumstances and that Ms Lambert's failure to obtain independent legal advice were sufficient grounds to set aside the marriage contract.

Ontario Divorce Law

Petitions for Divorce in Ontario are handled by provincial superior courts. Ontario divorces are made official only after meeting one of three qualifications:

  • The spouses are separated for at least one year
  • One of the spouses has cheated and committed adultery
  • One of the spouses acts in a mentally or physically cruel manner

Marriage Agreements

Many couples seeking marriage in Ontario decide to enter into marriage agreements. It is wise to seek the advice of a qualified Ontario family law lawyer when arranging these types of agreements. These agreements are preferred especially for couples who marry later in life and who already have children who need protection in case the marriages don't work out.

Marriage agreements usually outline specific arrangements of marriages. These documents outline what pieces of property, mortgages, cars, businesses and investments each party owns prior to a marriage. During marriages, property, investments, income and belongings are shared. However, marriage agreements are used to keep separate property from the other party in case of a separation.