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What happens to property purchased prior to our relationship?

The Family Court must identify and take into account all property owned or controlled by both spouses, whether it was acquired before, during or after your relationship or marriage.

However, if you contribute property that you owned beforehand, the Court may take into account your contribution when assessing “who should take what” after separation.

There are however, many factors that affect how the Court assesses your initial financial contributions, such as the length of your relationship; whether the original property still exists and whether the other party made any financial or non-financial contributions towards the property during your relationship or marriage.

For example, if your relationship was short; the other party made no contributions to your property and it still exists, the Court may either place a lot of weight on the value of your initial contribution, or it may “quarantine” the property altogether so it is not available for division.

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