Has trouble in paradise led to you and your spouse filing for divorce? On top of the emotional turmoil resulting from a failed marriage, plenty of other changes in your life need your attention, including your children and property distribution.
The more you understand the processes and terminology the better, dig this incredible law blog for great advice, tips and explanations of what you may experience in the event of a marital breakdown.
The big questions have to be answered. How will our assets be distributed? Who will have custody of the children? And how much will the monthly sum of child support and maintenance be?
There is a lot of information to digest and several tough decisions that need to be made, some of which you and your soon-to-be ex-partner might not agree on. This could result in a tedious divorce that prevents the two of you from moving on with your lives. While most things can be done online, the intricate nature of divorce and family matters means a nearby office is in your best interest. While word of mouth is great for recommendations, doing a local search will give you the best of the best in your area. It’s easy to find the right Toronto Family Lawyers for you (or indeed those located elsewhere more relevant), for example, within a few minutes of looking on a search engine like Google.
Child arrangements, custody, and child support
Divorce is an emotional time, and the thought of losing your children is a frightening reality.
That said, decisions must be made to protect your offspring and allow them as much stability as possible despite their parents no longer living together. It is in your interest to hire a divorce solicitor to make the divorce process as seamless and non-confrontational as possible.
Ideally, custody should be shared with the child or children living with both sets of parents. Time does not have to be split down the middle, but it should be fair so that both parents see their children as often as possible. You are highly advised to seek a custody attorney when the situation can’t reach a friendly outcome.
If one parent cannot take care of the children, resulting in the need for a primary caregiver to provide most of the support, that parent must pay child support. This contributes toward monthly expenses, including food, schooling, and healthcare.
The above definition outlines physical custody, which is a divorce term that is separate from legal custody. Physical custody dictates where the children live and with whom, whereas legal custody embodies the rights a parent has in the decision-making for his or her child. An unfit parent forfeits these rights and does not have a say in their offspring’s future.
Division of assets and marital agreements
No one likes thinking about divorce when they get married. There is nothing romantic about it.
A prenup specifies how property will be divided in advance. Signing a prenuptial agreement before you tie the knot could potentially save you from a messy and drawn-out divorce fighting over the ownership of assets, down to the last piece of china.
In the past, people saw prenups as something reserved for the wealthy. Nowadays, people with modest financial history seek out a prenup to salvage assets in a divorce, while at the same time, receive protection from their partner’s debt during married life.
Mediation: a tool for effective communication
Generally, divorce is not as it is portrayed in the movies involving emotionally taxing trials.
Being able to sort out your differences amongst yourselves is recommended, rather than a lengthy and expensive time in court, where you might not get what you bargained for.
If you and your estranged spouse cannot get along, inquire with your divorce solicitor in London about mediation.
Mediation has proven to be a successful tool for communication, helping couples who do not see eye-to-eye come to decisions that they are both satisfied with.
Are you getting divorced? Get through the minefield that comes with decoupling using a lawyer.
