LIMITATIONS

This TheSplit.ca calculator (the “Calculator”) performs very simple and basic property and debt division calculations under B.C. provincial legislation on limited information provided by the user.

The Calculator applies statutory principles as well as some arising from caselaw that may be disputed.  Both legislation and caselaw are subject to change.

IMPORTANT: This Calculator is intended to provide a starting point for property calculations only, to be adjusted in accordance with the many other factors not considered by this calculator that could dramatically affect these results.

Calculations from this site are not legal advice, and are not a substitute for working with a family law professional.

You are always well-advised to consult with a qualified lawyer familiar with family law to fully understand all of the issues in the particular facts of your situation.

Although the Calculator generates amounts payable, family law is extremely complex and there are many other factors and legal issues not considered by this Calculator that could dramatically affect property division, including but not limited to the fact that some aspects of property division and the application of caselaw can be highly fact specific.  Additionally, this calculator is theoretical and you will still have to prove the underlying factual basis for any claims in respect of property division or debt.

This calculator is free and provided on an as-is basis.

Some issues/factors NOT considered by this calculator include, but are not limited to:

• Reapportionment—reapportionment (a departure from the presumption of 50/50) can be ordered under a variety of circumstances under s. 95 of the Family Law Act;
• The impact of a cohabitation, pre-nuptial, marriage or other agreement;
• Some of the latent liabilities (such as capital gains, realtor fees, etc.) that may be inherent or attached to a given asset;
• Applicability of foreign law to asset ownership or disposal, as well as other issues associated with ownership of foreign properties such as currency exchange rates;
• The degree to which potentially excluded funds may or may not be traced;
• Tax or other implications resulting from residing outside British Columbia;

Important: If your situation includes any of the factors above, your basic calculation will be a starting point only, and in many cases will be inaccurate and/or misleading.   Regardless, it is always recommended, especially if you have a number of factors to consult with a family lawyer or other family law professional.

Be aware that many lawyers provide “unbundled services” or “limited retainers”. If you cannot afford or do not wish to hire a lawyer to handle your whole case, many lawyers are willing to assist you with a specific or limited part of the process, including:

• an initial consultation;
• review and/or preparation of your court forms;
• attendance on your behalf in court or at a negotiation or mediation;
• review and/or preparation of a separation agreement;
• general case strategy and coaching;
• legal advice/consultation on a particular issue or procedure; and,
• coaching, advising, or mentoring behind the scenes.

TERMS OF USE

1. The Calculator is owned and operated by Yousefi Law Corporation, DBA YLaw (“YLaw”).  The Calculator is provided to you under the terms and conditions of this service agreement (the “Agreement”).
2. You acknowledge and agree to the “Limitations” set out above.
3. You assume the entire risk associated with the use of the Calculator. The Calculator is provided on an “as is” and “as available” basis without any representations or warranties of any kind, either express, implied or collateral, including but not limited to any representations or warranties of merchantability or fitness for a particular purpose. For greater certainty, without limiting the foregoing:
   1. neither this Agreement, nor any documentation furnished under it is intended to express or imply any representation or warranty that the Calculator will be uninterrupted, timely, error-free or free from any software virus or other harmful component;
   2. The Calculator is not in any way intended or to be construed as legal advice;
   3. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so some of these exclusions may not apply to you.
4. You may access and use the Calculator and the information, features and services thereon (collectively, the “Content”) only in accordance with all applicable laws and regulations and with these Terms of Use. Content may only be printed, copied or saved onto your own computer for your personal and non-commercial use. You must not, directly or indirectly, print, copy, reproduce, save onto your own computer, modify, translate, merge with other data, frame in another website, post on another website, or otherwise use the Content for any public, commercial or non-personal purpose. You must not, directly or indirectly, display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense the Content to another individual or entity. The prohibited uses expressly include but are not limited to “screen scraping”, “database scraping” and any other activity intended to collect, store, re-organize, summarize or manipulate any Content (whether via an automatic program or a manual process).
5. YLaw, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees, consultants and/or agents, shall not be liable to you, under any circumstances or legal or equitable theories whatsoever, for any loss or damages whatsoever, including without limiting the generality of the foregoing, any direct, indirect, incidental, special or consequential damages, loss of business, profits or goodwill, loss of use or data, interruption of business, any claim by you or against you, or any indirect, special, incidental or consequential damages of any character, even if YLAW is aware of the risk of such damages, arising from or in connection with:
   1. any of the matters referred to in Sections 2 or 3 above;
   2. your use of, access to or reliance on the Calculator;
   3. your inability to properly use the Calculator, whether as a result of your own fault or the fault of YLaw;
   4. your inability to gain access to the Calculator;
   5. any flaw or error contained in, or associated with, the Calculator;
   6. any delay or failure in performance under the Agreement by YLaw resulting directly or indirectly from acts of God, terrorism, or other causes beyond its reasonable control.
6. In the alternative to 5 above, YLaw’s liability to you shall not, for any reason, exceed the amount paid by you to YLaw under this Agreement.
7. This Agreement constitutes the entire agreement between you and YLaw with respect to the Calculator and supersedes all previous or contemporaneous proposals, both oral and written, representations, writings and all other communications between you and YLaw with respect to such subject matter.
8. YLaw reserves the right, in its sole discretion, to change, modify, add or remove all or part of this Agreement at any time with or without notice to you. Please refer back to this Agreement often.
9. For purposes of this Agreement, the term “persons” shall be broadly interpreted and includes an individual, a corporation, a partnership, a trust, an unincorporated organization and the executors, administrators or other legal representatives of an individual in such capacity.
10. This Agreement, and the relationship between you and YLaw, are governed by the laws of the Province of British Columbia.