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CTVBC: Francesco Aquilini's divorce. Will the Canucks be affected?

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Old
03-17-2012, 01:33 AM
  #26
Barney Gumble
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Originally Posted by mrbitterguy View Post
why wouldn't a guy as rich as aquilini have a prenup?
Ask Paul McCartney that question.

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Old
03-17-2012, 01:40 AM
  #27
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Originally Posted by mrbitterguy View Post
why wouldn't a guy as rich as aquilini have a prenup?
Never seen the Seinfeld episode where George tries to break his engagement?

I guess he could just take up smoking

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Old
03-17-2012, 01:47 AM
  #28
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Originally Posted by mrbitterguy View Post
why wouldn't a guy as rich as aquilini have a prenup?
In BC they are a type family law agreement called a marriage agreement. Bear in mind this is a 20 year marriage.

Even if there is such an agreement the court may still make an order dividing assets that's different than what a marriage agreement calls for if the agreement is found to be unfair under s. 65 of the Family Relations Act. Most marriage agreements will allow a spouse to "earn" an increasing share of the other spouse's property as time goes by to give the contract the best chance of remaining fair from the point of view of the act. In many marriage agreements, a spouse will earn an equal or near-equal share of the assets by the fifteenth, twentieth or twenty-fifth year of marriage. If there was one, given the length of the marriage a judge would be likely to vary it in favour of a 50/50 split in this case.

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Old
03-17-2012, 02:41 AM
  #29
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Originally Posted by Verviticus View Post
it's not always an easy thing to ask for when you love somebody
it should be when your family fortune is in the neighborhood of 5 billion dollars. divorce settlements are the kind of thing that can affect the whole family business empire.

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03-17-2012, 02:51 AM
  #30
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Originally Posted by mrbitterguy View Post
why wouldn't a guy as rich as aquilini have a prenup?
Why do rich people get married?

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Old
03-17-2012, 07:22 AM
  #31
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Originally Posted by CAPSLOCK REBEL View Post
Why do rich people get married?
They married twenty years ago. Was Francesco rich then? It was a real marriage.

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Old
03-17-2012, 09:26 AM
  #32
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A 51-year old billionaire is about to be single? He's about to be up to his ears in tail that's probably around half his age.

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03-17-2012, 10:57 AM
  #33
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Originally Posted by Yammer View Post
They married twenty years ago. Was Francesco rich then? It was a real marriage.
Or she was a very committed gold digger who could see into the future.

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Old
03-17-2012, 12:42 PM
  #34
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Originally Posted by Yammer View Post
They married twenty years ago. Was Francesco rich then? It was a real marriage.
Yeah so?

Why should she be entitled to half of his earnings?

He's the one who went out and got the MBA, made real estate deals, invested and saved and mde sound business transactions with his partners, not her.


Its sort of like Hulk Hogan's divorce. He was the one we all cheered for who took those bumps in the ring, yet his wife's got the house.


Tiger Woods' wife never sank any of those putts, or sacrificed Saturdays as a teen to work on her short game, or spent hours in the gym to revolutionize the game of golf, yet she walked away with half a billion?

How many hit songs did Paul McCartney or Chad Kroeger's now wealthy exes write?

Divorce laws/lawyers stink.

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Old
03-17-2012, 01:18 PM
  #35
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Originally Posted by Tank Hankerous View Post
Yeah so?

Why should she be entitled to half of his earnings?

He's the one who went out and got the MBA, made real estate deals, invested and saved and mde sound business transactions with his partners, not her.


Its sort of like Hulk Hogan's divorce. He was the one we all cheered for who took those bumps in the ring, yet his wife's got the house.


Tiger Woods' wife never sank any of those putts, or sacrificed Saturdays as a teen to work on her short game, or spent hours in the gym to revolutionize the game of golf, yet she walked away with half a billion?

How many hit songs did Paul McCartney or Chad Kroeger's now wealthy exes write?

Divorce laws/lawyers stink.
To play devil's advocate, their wives may have given up their own aspirations to spend years and years raising their children and family. Had they not gotten married, they'd have their own careers. Tiger's wife definitely would have.

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03-17-2012, 01:30 PM
  #36
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Originally Posted by Stefan It Up View Post
To play devil's advocate, their wives may have given up their own aspirations to spend years and years raising their children and family. Had they not gotten married, they'd have their own careers. Tiger's wife definitely would have.
So give them what the equivalent would have been in their earnings. How many swedish models earn what Tiger earned?

I know in the case of Chad Kroeger, his wife was a hairdresser in Alberta. So she gave up what, 40-50 k? Pay her that for every year she gave up to be with him (providing they had kids).

As Chris Rock once said, paying these women large sums of the husband's earnings (or in the case of Kevin Federline and Britney Spears, the wife's earnings) because the wife is "accustomed" to a certain lifestyle means the man should still get to sleep with the woman...because he was accustomed to that.

Obviously the children should be supported and taken care of. But she shouldnt get her paws on any real estate investments, hockey teams, or things that Francesco worked his butt off for.

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Old
03-17-2012, 01:51 PM
  #37
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Originally Posted by Tank Hankerous View Post
Yeah so?

Why should she be entitled to half of his earnings?

He's the one who went out and got the MBA, made real estate deals, invested and saved and mde sound business transactions with his partners, not her.


Its sort of like Hulk Hogan's divorce. He was the one we all cheered for who took those bumps in the ring, yet his wife's got the house.


Tiger Woods' wife never sank any of those putts, or sacrificed Saturdays as a teen to work on her short game, or spent hours in the gym to revolutionize the game of golf, yet she walked away with half a billion?

How many hit songs did Paul McCartney or Chad Kroeger's now wealthy exes write?

Divorce laws/lawyers stink.
Simple solution used to be - do not get married. Once you do you become subject to the laws on division of assets as it currently stands but that will be changing.

On 24 November 2011 the new BC Family Law Act was given Royal Assent and its various provisions will come into force over the next 12-18 months.
http://www.leg.bc.ca/39th4th/1st_rea...htm#section482

Included in those changes will be extension of the equal division of family assets presumption to couples who have lived together for two years or more in a marriage like relationship (both heterosexual and same sex couples) referred to colloquially as a "common law marriage". However judges are to give more deference to marriage agreements.

Property Division - Enacts major reforms to the law’s property division regime, that would:
• Extend it to common-law spouses who have lived together for two years in a marriage-like relationship or who are in marriage-like relationship of some permanence and have children together.
• Exclude certain types of property (e.g. pre-relationship property, gifts, and inheritances) from the pool of family property to be divided 50-50.
• Limit judicial discretion to reapportion family property or to divide excluded property to circumstances where it would be clearly unfair not to do so.
• Provide that debts are subject to equal division.
• Set as defaults: the date of separation as the triggering event and the date of the court order or agreement as the valuation date.
• Limit the ability of judges to set aside or change property division agreements.
• Enable interim orders, including for the distribution of property for the purposes of funding litigation or dispute resolution.
• Enact conflict of laws provisions to address property outside of British Columbia.
http://www.bcfamilylaw.ca/2010/07/19...relations-act/

Currently in BC when there’s a triggering event such as a divorce or separation agreement, each spouse is entitled to an interest in every family asset. Normally this interest is a one-half interest, except where that would be unfair. In that case a judge may re-apportion the division.

The key feature is that the asset to be apportioned must be a family asset. Typical family assets are the family home and its contents, and the family car. Other family assets might include bank accounts, a boat or recreational vehicle, and investments such as term deposits. If the property was ordinarily used for a family purpose, it will be a family asset. Shares in a company family assets can be, especially when the company owns property ordinarily used by the family or where a spouse’s company is the source of the family’s income. In cases like this, the spouse’s shares in the company are family assets.

In some circumstances it may be unfair to divide the family assets equally. These circumstances are described in section 65 of the Family Relations Act. For example, say that a spouse owns her own home when she gets married. After eight months of marriage, the couple separates. It is unlikely that the court would award the other spouse a half interest in the house. Although the house is certainly a family asset, the marriage was short and the other spouse may not have contributed very much to the upkeep costs of the house or to the payment of the mortgage. The other spouse would have some interest in the house, but probably much less than one-half of its value. The Family Relations Act calls this a “reapportionment” of the family assets. Although there is a strong presumption in favour of an equal division of the family assets, the court’s main duty is to ensure that property is divided fairly and equitably.

The factors the court may consider on re-apportionment include:
  • the length of the marriage
  • the length of time the spouses have been separated
  • the date the property was bought or sold
  • whether property was received as a gift or an inheritance
  • the needs of each spouse to become or remain financially independent and self-sufficient
  • other factors relating to the purchase, upkeep, improvement or use of the property

Even if there is a marriage agreement (aka a "prenup") where the couple agreed to an unequal division of assets, the court has the power to order a division of assets different than a marriage agreement requires if, by the time the couple separate, the agreement has become unfair. In 20 year marriage the equal division of assets presumption would be very difficult to overcome.

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Old
03-17-2012, 01:58 PM
  #38
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Originally Posted by Tank Hankerous View Post
So give them what the equivalent would have been in their earnings. How many swedish models earn what Tiger earned?

I know in the case of Chad Kroeger, his wife was a hairdresser in Alberta. So she gave up what, 40-50 k? Pay her that for every year she gave up to be with him (providing they had kids).

As Chris Rock once said, paying these women large sums of the husband's earnings (or in the case of Kevin Federline and Britney Spears, the wife's earnings) because the wife is "accustomed" to a certain lifestyle means the man should still get to sleep with the woman...because he was accustomed to that.

Obviously the children should be supported and taken care of. But she shouldnt get her paws on any real estate investments, hockey teams, or things that Francesco worked his butt off for.
I agree with you completely. Nobody stopped Elin Nordegren from having a career, in fact being married to Woods could only help her succeed in whatever ventures she wanted to take part in. Same as Chad Kroeger's hairdresser wife, why couldn't she continue to follow her career path? Just because he makes millions shouldn't entitle her to even close to half because she wants to sit on her ass and sponge off him.

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03-17-2012, 03:09 PM
  #39
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Why not? Maybe she is a Shea Weber fan.
Or maybe she hates hockey and will destroy the team just to spite her ex's favourite plaything.


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Old
03-17-2012, 03:21 PM
  #40
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Divorce laws aren't tailored to suit billionaires. They exist to protect people in much more vulnerable situations.

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03-17-2012, 03:37 PM
  #41
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Divorce laws aren't tailored to suit billionaires. They exist to protect people in much more vulnerable situations.
No salary cap here - I know first hand.

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Old
03-17-2012, 06:01 PM
  #42
thom
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aquilini's divorce

Some of the children on this web site should understand about marriage.Tiger woods was having numerous affairs some with porn stars.His wife was at home nursing their children.Have you ever heard of aides and other deseases.If he had only had one affair but no had more than a dozen.Ask tiger's wife and children are they afraid of getting aides.Tiger is no role model just a great golfer.Yes tiger is a good person but his wife deserved all her money she got

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Old
03-17-2012, 06:04 PM
  #43
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Originally Posted by Tank Hankerous View Post
Yeah so?

Why should she be entitled to half of his earnings?

He's the one who went out and got the MBA, made real estate deals, invested and saved and mde sound business transactions with his partners, not her.
How cute, you actually think Francesco earned his fortune

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Old
03-17-2012, 06:04 PM
  #44
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Originally Posted by Vanier Park View Post
http://www.theglobeandmail.com/sport...rticle2372334/


Why do I get the feeling this could get messy
Interesting how they married the year Canucks went to game 7 of SCF and divorced when the Canucks went to game 7 SCF again.

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Old
03-17-2012, 06:04 PM
  #45
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Originally Posted by thom View Post
Some of the children on this web site should understand about marriage.Tiger woods was having numerous affairs some with porn stars.His wife was at home nursing their children.Have you ever heard of aides and other deseases.If he had only had one affair but no had more than a dozen.Ask tiger's wife and children are they afraid of getting aides.Tiger is no role model just a great golfer.Yes tiger is a good person but his wife deserved all her money she got
aides and deseases guys

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Old
03-17-2012, 06:09 PM
  #46
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Quote:
Originally Posted by thom View Post
Some of the children on this web site should understand about marriage.Tiger woods was having numerous affairs some with porn stars.His wife was at home nursing their children.Have you ever heard of aides and other deseases.If he had only had one affair but no had more than a dozen.Ask tiger's wife and children are they afraid of getting aides.Tiger is no role model just a great golfer.Yes tiger is a good person but his wife deserved all her money she got
I have no idea what you just said.

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Old
03-17-2012, 06:19 PM
  #47
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Quote:
Originally Posted by thom View Post
Some of the children on this web site should understand about marriage.Tiger woods was having numerous affairs some with porn stars.His wife was at home nursing their children.Have you ever heard of aides and other deseases.If he had only had one affair but no had more than a dozen.Ask tiger's wife and children are they afraid of getting aides.Tiger is no role model just a great golfer.Yes tiger is a good person but his wife deserved all her money she got
I have aides!


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03-17-2012, 06:27 PM
  #48
Slashy McSlewfoot
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Originally Posted by Tim Calhoun View Post
I have no idea what you just said.
He's saying when Tiger cheats his wife and children could get aides. What's so hard to understand??


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Old
03-17-2012, 07:09 PM
  #49
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Quote:
Originally Posted by thom View Post
Some of the children on this web site should understand about marriage.Tiger woods was having numerous affairs some with porn stars.His wife was at home nursing their children.Have you ever heard of aides and other deseases.If he had only had one affair but no had more than a dozen.Ask tiger's wife and children are they afraid of getting aides.Tiger is no role model just a great golfer.Yes tiger is a good person but his wife deserved all her money she got
My buddy had a wife who cheated on him. No one gave him tens of millions of dollars for the inconvenience. Not only that, the divorce still cost him money. Divorce laws are bs.

I also agree with the dude earlier who posted about paying so the wife can maintain the "lifestyle she's accustomed to". When I lost my job a year and a half ago, nobody gave me that wage so I could maintain the lifestyle I was accustomed to. I had to adjust to the measly EI I was getting.

Gahh divorce tilts me.

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Old
03-17-2012, 07:18 PM
  #50
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If there was one, given the length of the marriage a judge would be likely to vary it in favour of a 50/50 split in this case.
Would it be fair to say, then, that it is possible she has a legitimate claim on 1/2 of 1/3 of the Canucks, but would likely have a difficult time asserting that actual ownership as the existing owners likely have a mechanism to buy her out?

Roughly?

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