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Wednesday, August 19, 2015

The trouble with Ashley Madison....what next?

The last two months or so have been a stressful time for many users of Ashley Madison. Once hackers claimed they had accessed the personal information of many users and threatened to expose that information on the World Wide Web, many wondered what that would mean for their marriages and other long-term relationships.

As of last night, the level of stress rose for many - the hackers claim they have actually posted the information on the web, for public access and consumption. What now, you may ask?

There are many misconceptions out there about the impact of infidelity on claims in a divorce or a cohabitation, common-law relationship (in Canada).

Canada has a no-fault divorce system. That being said, there remain three basis on which a spouse can claim an actual divorce - a one-year separation, infidelity and cruelty. The last two are pleaded very infrequently these days, largely for technical reasons and given most divorces are not granted until a year after the separation in any event.  The impact of your conduct (if you have been unfaithful) or your spouse's conduct (if they have been unfaithful) varies from case to case. It also depends on the nature of the claim being made and the nature of the conduct.

* If your marriage or relationship has or is about to end because of information the hackers may have posted or if you are concerned that the information may come out (but has not yet come out), we strongly encourage you to get legal advice on the impact of this information on your case.

* If you are a spouse who has been confronted with information flowing out of the Ashley Madison hack, we encourage you to seek legal advice as well.


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