Joined: Dec 2010
Posts: 140
There is an old saying that hell has no fury like a woman scorned. I would strongly suggest you get the old relationship taken care of before starting a new one, or it is going to cost you a lot extra.
Regarding an actual separation agreement, in Manitoba, a bad separation agreement is still binding with regard to property. To that end, you can discuss the division with your ex, and sign an agreement with somebody to witness it. Don't try to be super technical...just handwritten and signed by both with a neutral witness also signing. Try and keep it amicable, and don't get too hung up on minor physical property...it isn't worth it. If you have to get lawyers involved it is going to cost you both a lot lot more, with little tangible benefit.
You mentioned you had a child together with your ex. Child support cannot be signed away, and it will go right back to when you separated. If you are currently giving your ex cash, make sure you both keep track of the amounts. Best to be giving her cheques, or even EMT transfers with a note in the remarks column saying that they are for child support. If and when she does go for child support, and then sends it to enforcement, you have something showing the amounts that you did pay. Otherwise you will be in such arrears that it will be hard to recover from. Maintenance enforcement is very cut and dry....you owe the money they will get it from you every way possible. They are not overly concerned about your situation. If you made X amount of money, there are tables that show what you are required to pay.
As others have said, the previous common law situation is not preventing you from getting married at this time, but make sure your house is in order before you do.
Edited by cmp, 2020-06-06 08:15:30