open “LIFESTYLES. Wife would take the money MY COMMON-LAW wife, whom I lived with off and on for the last six years, left me two weeks ago and took our daughter with her. She says all she wants is the car she is driving (which is in my name) and al! of the money in our joint bank account. The value of the car is approximately $9,000 and the bank account would come to no more than $3,000. In addition to those assets, I own my home, which after the mortgage owing is worth about $75,000, a registered retirement savings plan worth $28,000 and my 1991 Jeep worth $19,000, all of which ‘assets I have purchased with my own money. I do not have any other assets, nor does my common-law wife, 10 the best of my knowledge. Throughout our relationship, my. wife has werked part-time or when she was not living with me, received social assistance. My wife says there is no need to waste money on lawyers, and therefore it is just a matter. of transferring the assets she wants to her, to ead it all. 1, on the other hand, would like something in writing, signed be- fore a notary. Should I settle for what she wants, and do I need an agreement? . The questions you pose are not as simple as they would appear to be. Although your common-law wife is not entitled to a property interest under the provisions of the Family Relations Act (a pro- vincial statute), she could claim an interest under the common Jaw which is law developed through the centuries by legal decisions that have been made in cases in the past. -By that common law, it is possible for either spouse to claim that he or she has an interest in ‘the property of the other spouse because of an implied consent de- veloped because of the efforts of the non-owning spouse in devel- oping and maintaining the assets of the other party. For instance, in your particular case, your common-law wife might have helped you paint the home and may have worked on the exterior, planting shrubs and performing other acts that would ' improve its value. She would therefore have some interesi in all likelihood in most, if not all, of your assets, if the history of .the relationship was * closely scrutinized. It would not, however, amount to the same interest-as would be automatically attained by a legally married spouse under the same circumstances. in addition to her possible property interest in your assets, Family Affairs HUGH STARK KIRSTIE MACLISE she -would also have the right to spousal support if she were in fi- nancial need and, of course, sup- port for your daughter. Should you rely on an oral agreement with her? The answer is clearly NO. Each of you should seek in- dependent’ legal advice and a separation agreement should be obtained, if at all possible, after full disclosure of assets, just as in a marital separation, before you transfer any assets. The portion of your agreement dealing with your daughter’s maintenance will have to be placed in a court order if you wish those payments to be tax-deducti- ble to you. As to the actual settlement fig- ures you have mentioned, the set- tlement certainly does not seem unreasonable from your stand- point. By the time you take into ac- count legal costs, if you should get into a legal battle with your spouse, and the fact that she in all likelihood has some interest in your assets and possibly a right to spousal support, the situation does seem to your advantage. I have been divorced for ap- proximately three years. We have two children aged six and eight. Property division, custody and maintenance were all settled by agreement several years ago. I have custody of the children and my former husband has reason- able and liberal access. Unfortunately no set schedule cf access has ever been instituted and J] am teft with my former husband simply calling when he feels like he wants to see the children and asking if he can have them. 1 want the children to have a good relationship with their father and try to accommodate his wishes. However, it would give me su much more flexibility if I knew ahead of time that they would be away for the weekend. For exam- ple, I could then make plans with a friend to be away also. Can former spouses go back and set an access schedule whers _none has existed in the past? i so, how do you go about it? I do sot want to get involved wiih lavyers and rehash the set- tlement. You can go before a court and have it set an access schedule at this time and it need not involve a rehashing of your settlement. You are not changing custody or access rights but are merely set- ting an access schedule, You should, however, first ap- proach your former husband, ex- plain your concerns and ask him if he would be agreeable to work- ing with you in arriving at a mutually acceptable schedule. It may be that the two of you can solve the problem informally without the necessity of changing your settlement. Alternatively, a mediator may help you if the two of you have difficulty resolving the matter yourselves. Failing agreement and provided the problem is of considerable significance to you, you should then proceed to court. Besides ordinary weekend or weekday access, you should also consider school and summer holi- days and special events such as birthdays. < If you have matrimonial prob- lems you should seek legal advice so that your adviser can fully assess your particular cir- cumstances and give you the best advice. Questions about family law and estates can be directed to Stark & MacLise, Barristers &. Solicitors, ‘c/o Family Affairs, North Shore ' News, 1139 Lonsdale Avenue, North Vancouver, B.C. V7M 2H4 (@}FUJT ORIENTAL HEALING ARTS a Finger Pressure Therapy and Acupuncture TDD Lonsdale Ave, North Vancouver For overy dollar invested you will receive: The Working Opportunity Fund is a tox assisted investment program that brings together business, -fabour ond government. Its partialio will consist of equity investments in 3.(. businesses, treasury bills and other investment grade money morket instruments. For mere information call: _ Renwick Day or Ro oy G Gould eam - Your Inestment Giobal Securities Corp. -. Box 11190, Royal Centre 2900 - 1055 West Georgia St. Vancouver, BC, V6E RS "Plone 685-8207 Fax 685-8270 ‘Bosed on 0 subscription of $3,000 by a quolitying 8.C. resident with on See Tiasable tebe of eppracinc taty $33,000. The equivolent toto! tan savings per dollar invested ore espproximately Q7¢ for a taxable income of $25,000 ond oppraximotoly 35¢ for «1 toxat.le income of $60,000, This odvectiservatt is not a of 2 solitation ot on atfar 10 sak securities of Working Qaportunty Fund (0401 offer is mode solely by a prospectus which contains full detaids of the Offering. ” WORKING >. OPPORTUNITY = FUND, . EWAY NIGHT) ach 12 (SAE SHOWS ACH 13 | SHOWS cauiseum Youngsters between the ages cf 5 and 11 are Invited to enter the SHRINE CIRCUS ART & COLORING CONTEST. Next weekend we'll publish the official entry form in the pages of this newspaper. The winner will recelve a. bicycle from CAP'S BICYCLE STORE and six tickets to - the Shrine Circus. Second and Third place winners will each receive 6 tickets to the Circus. There will be BONUS PRIZES of four tickets each for the first two entries received at our office, so don't wait until ’ the last minute, enter early! _ THIS CONTEST IS SPONSORED BY.