Many clients seek out lawyers to procure a divorce due to the breakdown in a relationship. In order to procure a divorce, you must meet one of the three justifications for a divorce order to be granted. The first method is due to the breakdown in relations between the parties, the second is due to adultery being committed by one of the parties, and lastly due to cruelty.
When a relationship breaks down, a way of life that both parties where use to in which two incomes maintained a certain lifestyle is no longer possible. Often times one party whether they be male or female was contributing at a higher level to the relationship due to their higher income levels as opposed to their partner. The party who earns more will potentially have to pay spousal support to their partner due to the economic imbalance that is created due to the breakdown in the relationship. The purpose of spousal support claims are to recognize each parties contribution to the relationship, and even out the financial loss felt by the economically disadvantaged party so that financial hardship is relieved. We must note that spousal support is not automatic, many factors will play a role in determining length, amount and entitlement as such it is important to consult a lawyer in determining whether you are entitled to make a claim, or need to pay spousal support, our lawyers are here to help you in this process.
Property Division Matters
When a relationship ends, parties are faced with the stark reality of figuring out how to separate their assets, and how far back they must retrace their steps. A relationship might have lasted twenty plus years or a mere few months. Regardless of this it is imperative that the parties keep in mind three important dates, the assets and debts one had on the date of marriage, the assets and debts one had on the date of separation, and finally the assets and debts one has on todays date. These three dates will help bring order to the often times chaos that is property division in a family law setting.
Often times the most important date that can affect not only the ability to divorce, it will also be the singular determining factor in custody, access matters as it can affect the status quoarrangement, as well as play a strong role in the division of property. It is very important to reach out to our trained family law lawyers as soon as you feel the marriage has ceased so that the date of separation can be properly defined and recorded.
The family law journey can be a difficult one to take on if you do not have a road map to guide you to your ultimate destination. Often times there are so many issues to deal with that parties simply cannot settle on a solution. A separation agreement, which is a written contract between the parties can help in alleviating this stress. A separation agreement is built in compartments, it will help parties deal with one issue at a time and interconnect different issues so that clarity and commonality between two opposing vantage points can be found. The separation agreement often times is a faster and cheaper method to bringing about resolution to the breakdown in the relationship as opposed to litigating the matter through the court process. The singular importance to the separation agreement is that both parties had a hand in creating the final copy and have agreed to how life will move forward. Our lawyers are here to help you on the road to creating this amicable roadmap to both parties future.
There is a great confusion amongst common law spouses as to their rights, whether or not they have the same rights as a married couple. The answer is a resounding no, while common law spouse do have similar rights as married couples such as spousal support rights, however this right only becomes a reality if the couple has been cohabiting for at least three years or they have had a child from the relationship. Whereas married couples have a right to property sharing as a result of the relationship, common law spouses do not have any rights to property division nor financial division as a result of the common law relationship unless their name is on title to the asset in question. Thus, the need for clarity in what rights each party has upon the dissolution of a common law relationship which can be articulated in a cohabitation agreement which allows couples to determine how they intend to share their assets, and support obligations. Our family lawyers are here to help and can assist in the creation of a cohabitation agreement.
Similar to a cohabitation agreement a marriage contract is created for parties that are married or are planning to marry one another. We have all heard horror stories of how messy it becomes in sorting out the rights of married couples when a relationship breaks down. A marriage contract helps alleviate said issues by articulating how the couple intends to deal with issues while the parties are married and what occurs when the marriage comes to an end or if one of the parties dies during the relationship. However, there are restrictions to what can be contracted in the marriage contract such as a marriage contract is not permitted to discuss who will have custody of the children or access to the children. Give our family lawyers a call and we can setup a meeting to discuss how a marriage contract can possibly help you.
Our dedicated team is here to look into all matters pertaining to your family law needs. Feel free to call us or email us so that we can get you in touch with a family law lawyer to begin the process of creating a road map to the beginning of a new chapter in your life.Back