In the event your marriage breaks down and is going to end in divorce, prior to actually filing, your wife may state she either wants you to move out and vacate the marital home, or that she is taking the children and leaving. However, what you may not know is she has no legal right to request you vacate the home or remove the children from the home. In fact, both parents have an equal responsibility towards their minor children, even prior to filing for separation and divorce.
From a legal perspective, both parents are considered to have joint custody of their minor children. If your wife has threatened if you do not leave the marital home or says she is taking the children and leaving, it is in your best interests to contact a qualified family law lawyer in Toronto immediately.
Your lawyer will take steps to file for a temporary child access and custody order with the courts and prevent your wife from leaving with the children. In addition, taking this step helps protect your parental rights as a father and can also help initiate the separation and divorce processes. It also puts your wife on notice that she will need to retain her own divorce lawyer to work towards a mutually acceptable custody and access agreement.
Keep in mind during this process, depending upon who is the primary income earner and other factors, you may be ordered to pay child support. Just because you are getting a divorce does not excuse you from your financial obligations to your children. The courts actually require both parents to contribute equally to the financial support of their children, which is based upon the type of custody agreement.
In the past, men have often felt family courts tend to favor women and their wishes in regards to children. However, this is no longer the case. Today, the courts objective and primary goal is to do what is in the best interests of the children. In fact, family courts tend to favor joint custody agreements, where both parents share legal and physical custody. In this type of agreement, the parents have an equal say in certain decision making processes for their children, as well as are given equal amounts of time with the children.
In cases where joint custody is not in the best interests of the minor children, the court could award variations in regards to physical and legal custody. As a father, you have similar rights as the mother. A Toronto family law lawyer from Niroomand Law is here to answer your questions and help you protect your custody rights. Contact our law office today by calling 1-800-567-0256 to schedule a consultation.
It is worth mentioning prenuptial agreements are only legally binding when they have been reviewed and submitted by a family law firm in Toronto, like us, here at Niroomand Law Office. Some people think if they write up and agreement, sign it in front of witnesses, or get it notarized, it will be legally binding. However, that is not always the case. This is why it is important, even if you create and draft the agreement yourself, to have it reviewed to ensure it will be legally binding later, should your marriage fail.
The main reason people want to get a prenuptial agreement is to protect certain property and assets acquired prior to the marriage from being included as martial property in the unfortunate event of divorce.
For instance, you might have invested several thousand dollars by purchasing stock in a new start up firm. Right now the stock is not worth that much, but in the future, should the company achieve success, there is the potential your stock could be worth substantially more. If you do not want your stock purchase included as martial assets, then you would need a prenuptial agreement.
Other situations where getting a prenuptial agreement might be worth the time and effort include:
- You are going to cohabite with someone but not get legally married.
- You are getting remarried and want to protect assets you received as part of your divorce settlement from the previous marriage.
- You have an existing will or estate plan and want to ensure specific assets are excluded from marital assets.
- You have acquired a long and exhaustive list of assets but have never been married and want to ensure your new spouse is marrying you because they love you, not for your money or potential divorce settlement.
- You or your loved one is helping support aging parents and you want to make sure their support is not put at risk. The best way to do this is with a prenuptial agreement that stipulates their support is not considered martial assets.
While most people believe their marriage will last when they are saying their “I do’s,” this is not always the case. It is better to protect your assets as you begin a new chapter of your life with a prenuptial agreement. You can always revise and make modifications to the initial agreement later.
For help drafting, preparing, and finalizing a legally binding prenuptial agreement, contact Niroomand Law Office today by calling 1-800-567-0256.
Common Law Couples: Dividing Property
With common law relationships the division of property is different than with a legal marriage. The division of property is complex and detailed. With a common law relationship, the division of property can be simple if each person chooses to simply keep the property they came into the relationship with. However, when children are involved or there is property that was purchased together, having a lawyer can help ensure both parties receive what they deserve.
Legally Married Couples: Property Division Can Be More Complicated
During a marriage property is normally obtained. When the couple decides to get a divorce, one of the processes is attempting to equally divide property acquired throughout the marriage. It is often one of the more difficult steps the couple will face. Generally speaking, if there are no children involved, the couple has a simpler time dividing property, as long as the divorce is amicable. When children are involved, the process could take longer to finalize.
Division of Property Without Children
Without children, the property division depends upon whether there is a prenuptial agreement, the type of property, and the value. For instance, if a home or other such property is obtained during the marriage, the couple may decide to sell the property and split the proceeds equally. Another option, would be one partner buys out the other person’s claim on the property. Division of Property with Children
When children are involved, the division of property sometime becomes more complex. Typically, the custodial parent will stay in the family home until the children come of age. Then the property is either sold and the proceeds split equally, or one parent may choose to buy out the other parent’s share. This is generally done to make the divorce less stressful for the children involved. They have already gone through struggles and forcing them to change homes is usually not best for them.You will find that no matter what the reason for the divorce or separation, having a reliable divorce lawyer on your side can make a world of difference. For further assistance with separation and divorce agreements and division of property settlements, contact the experts at Niroomand Law Office at 647-560-3007. We are here to provide the support and help you need throughout this difficult time.
Can a Separation Help Your Relationship?
In some relationships, a separation can help keep resolve relationship issues when both parties want to try to resolve conflicts, amicably. With a separation, you will want to have your separation lawyer involved in the process, to ensure you rights are protected. Having a lawyer will also help ensure any children receive child support and the other parent receives regular visitation. Some couples find after a separation, they can work out their problems and salvage their relationship.
When Divorce Is Unavoidable, Make Sure You Use a Lawyer
When looking for a divorce lawyer Toronto, you will want to have one who will assist you throughout the entire process, as well as be available should issues arise after the divorce is finalized, like child support and visitation issues. You will also want to contact a lawyer, as soon as you think a divorce is going to happen in your life. A divorce is not something you should take lightly. This is a decision that is going to change your life. With so much at stake, you want a lawyer who is going to keep your best interests front in their mind, and help you obtain the most appropriate outcomes.
Who Pays for Spousal and Child Support?
After you and your partner have decided that a divorce is going to happen, there are support matters that will need to be settled. There are two different types of support that can be payable, depending upon the situation and personal finances of each party involved. The most common type of support is child support, which is paid by the noncustodial parent. The other type of support payments is spousal support. Spousal support is determined by reviewing the incomes of both parties. It can also be determined spousal support has to be paid if one partner didn’t work for most of the relationship and needs time to update their skills in order for them to re-enter the workforce.
Here at Niroomand Law Office, our experienced divorce lawyers are here to help you throughout separation and divorce proceedings. We truly care about you and your family law Toronto and work in your best interests. Contact us today at 647-560-3007 to schedule a complementary consultation appointment.
It is not uncommon for one or both parties to feel hurt and anger and want to do whatever they can to repay those feelings, in kind, against the other person. When one or both parties feel this way, this often leads to what is known as a contentious divorce. They are disagreeable when it comes time to draft a separation agreement, negotiate on the separation of property, and even contest child support, visitation, and support. (read more…)