Going through a divorce in Toronto can be a challenging experience, especially when high net worth assets are involved. Understanding Ontario family law is critical to protecting your personal assets. Here are some strategies and steps that can help you protect your assets during the divorce process:
1. Prenuptial agreements.
  • The most effective way to protect your personal assets is to sign a prenuptial agreement before you get married.
  • A prenuptial agreement can clearly define what property is personal and what property is marital and how it will be divided in the event of a divorce.
  • Even if you are married, you can enter into a postnuptial agreement to clarify property division arrangements.
2. Recording and maintenance of financial documents.
  • Keep a detailed record of your personal assets, including real estate, investments, bank accounts, pensions, etc., and keep all relevant financial documents in a safe place.
  • This will help prove which assets were independently acquired by you before or during the marriage, thus excluding them from the family property division.
3. Separate accounts and property.
  • Keep your personal assets separate from the marital community property, for example by using separate bank accounts and investment accounts.
  • Avoid confusing personal assets with marital community property, such as using personal funds to purchase joint property or investments.
4. Knowledge of family law in Ontario.
  • Ontario has adopted a “net family property” system, which means that net assets accumulated during the marriage are divided equally.
  • However, certain assets may be considered “excluded property”, such as pre-marital property, inheritances or gifts received, which are usually not subject to division.
  • It is critical to understand what assets are excluded property and how to prove their nature.
5. Seek professional legal advice.
  • Consult with an experienced family law attorney who can provide expert legal advice on your specific situation and help you develop the best asset protection strategy.
  • A lawyer can help you understand Ontario family law and ensure that your rights are protected.
6. Consideration of mediation.
  • Mediation is a non-adversarial form of dispute resolution that can help you and your spouse reach an agreement in private, thereby avoiding costly litigation proceedings.
  • Through mediation, you can better control the outcome of your property division and protect your personal assets.
7. Other recommendations.
  • BE TRANSPARENT AND HONEST: Honest disclosure of your financial information is critical during the divorce process. Hiding assets can lead to serious legal consequences.
  • Consider Tax Implications: Property division may have tax consequences and therefore requires consultation with a tax advisor.
JZW Law has a team of experienced divorce lawyers who are bilingual in Chinese and English and are committed to providing professional legal services to the Chinese community in Toronto. We specialize in handling complex property division, high net worth divorce and other related issues. We offer a free initial consultation and welcome you to contact us for more information or to schedule a consultation.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need legal help, please consult a professional lawyer.