Things To Know About Marriage Contracts And Prenuptial Agreements

During a divorce or separation, people wonder what happens when a prenuptial agreement exists and the changes that happen. Its also called a marriage contract, where two people agree to certain rules and conditions that come to effect when they apply for separation or divorce. Family Law Firm Toronto is an expert when it comes to dealing with these issues. They guide people in making decisions that they wouldn’t want to regret. Their lawyers are experienced in handling divorce cases and provide legal help to families.

Marriage Contracts

The marriage contract is legal when it is executed by professional Ottawa family law firms. There are some incidents where the contract is drafted by the married couple and hasn’t been reviewed by a family lawyer, then the validity of the agreement will come into trouble during the divorce. The marriage contract is created to assess the capital, property and valuable items of the married couple if they divorce in the future. Couples can choose to include finance and religion as well.

Separation and Marriage contracts

Married couples who are having children, respect the decision of the kids while getting divorced and leave the ultimate decision to the court. The investments, property and money that aren’t mentioned in the contract will be equally divided based on the family law. This makes divorce and separation tough as a divorced person could lose a lot of their assets that existed before the marriage itself. To protect their wealth, Ottawa family law firms help people create marriage contracts. If the house in which the married couple is currently living, i.e. their matrimonial home is excluded from the contract, the house won't be divided after the separation. No matter whose house is it, the property won't be divided unless mentioned in the contract.

Who can create the prenuptial agreement and its conditions?

Some married couples create the marriage contract to keep their assets safe and include the division of assets according to the ownership of the assets. Due to this, the things owned by the spouse before and during their marriage are protected. The Ottawa family law firms can help spouses create the agreement according to their fit. Their lawyers know and will help protect the interest of the spouse.

The contract is created with certain terms and conditions that are accepted and controlled by the couple. They are free to address their concerns regarding their relationships before their marriage. The marriage contract is flexible, making it personal to the couple. The prenuptial agreement is created even when people live together, calling it a cohabitation agreement. The Ottawa family law firms help couples make decisions regarding their future.

Davies Law Firm is renowned for helping families deal with complex situations. They make legal procedures stress-free and help people with child custody, arbitration, contracts and agreements, and divorce. They are committed and provide excellent services to their clients. They are affordable and help clients achieve their legal goals. For more information about family lawyers, do follow us on Linkedin , profilecanada and spoke.

What Is The Difference Between Separation & Divorce In Toronto?

When married couples are contemplating divorce, spouses need to understand the differences between separation and divorce. Oftentimes, people use the terms interchangeably, yet they are not the same thing.

                     

What Is Separation?

Separation is generally defined as living separate and apart from one another. Couples can separate on their own without filing for divorce. They can choose to remain living in the same home in some cases as long as they live separate and apart within the home.

For example, one person could move out of the marital bedroom and into the guest room, establishing a separation. While the couple might still share certain responsibilities, like contributing towards household expenses or raising and caring for minor children, they may decide to do other things apart.

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Reasons Why You May Need To Go Back To Court After Your Divorce In Toronto

After your final divorce hearing and waiting the mandatory waiting period, you would think your divorce is final and over. Yet, this is not always the case for some divorced couples. Instead, this is the start of a long journey of challenges post-divorce that could find you both back in court numerous times.

                         


Some of the more common reasons you could end up back in court could include, but may not be limited to:

Reason #1: You or your ex-spouse failed to perform an obligation as part of the divorce agreement.

This situation arises when there are specific obligations each party agrees to, like agreeing to pay off certain debts as part of your division of debt agreement. If you fail to pay off these debts or fail to continue to make payments on time, you could find yourself in front of the judge for a contempt proceeding. Contempt means that you failed to adhere to an Order and knowingly or willfully violated said Order.

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Getting Ready To Adopt? Get Help From Our Toronto Adoption Lawyer

Adopting a child can be a rewarding experience when you want to start a family. Some people adopt because they are not able to have children of their own. Other people adopt because they do not want to go through surrogacy or are finding it difficult to find an appropriate surrogate.

               

Then, there are men and women who do not want to get married to start a family. They enjoy being single. Yet, they wish to raise a child.

The adoption process should be joyful and exciting. However, there are times when questions arise, unexpected obstacles occur, and other issues arise. These things can turn a happy experience into one that is stressful and not as rewarding.

To avoid finding yourself in this situation, it is best to get help from an experienced Toronto adoption lawyer. Your lawyer understands the legal processes to adopt a child. They will have helped other people adopt and start their families.

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How Is Child Custody Determined During Separation And Divorce?

An important part of your divorce proceeding, when minor children are involved, will be resolving matters of custody. Child custody is deciding who will have care and control of the children.

                

Typically, one parent will become the custodial parent. The children will live with the custodial parent the majority of the time. The non-custodial parent will be granted access to the minor children at set times, which is often referred to as visitation.

Who Is Responsible for Deciding Child Custody?

The family courts encourage parents to attempt to reach an agreement about child custody that is in the best interests of the children. If the parents can reach an agreement, it is put into writing, signed, and submitted to the court through their respective divorce lawyers.

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What Do I Do If My Spouse Says They Are Contesting Our Divorce?

A contested divorce is more complicated because one spouse refuses to come to the necessary agreements required by the Family Court to dissolve the marriage. The first thing to remember is that your spouse cannot stop or suspend the divorce proceeding.

The law requires the judge to wait a certain amount of time before the divorce can be finalized. While the other party might attempt to delay it and drag it out, eventually you will get your divorce as long as you have help from a divorce lawyer with experience in contested divorces.

The next thing to remember is that to obtain the divorce, you and the other party will have to come to an agreement on the division of marital property, disposition of the marital home, child access and custody, child support, and possibly spousal support. These issues should ideally be dealt with before proceeding with your formal divorce application.

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Is A Marriage Contract Right For You?

An important part of deciding to get married in Toronto is determining whether a marriage contract is right for you. A marriage contract is a legally binding document you and your future spouse typically sign before marriage. Married couples can agree to a legally binding marriage contract after getting married as well.

          

For cohabitating couples, an alternative agreement they can agree to is called a cohabitation agreement. This agreement is similar to a marriage contract. It is highly recommended for couples that have children together or are acquiring assets jointly.

To help you decide if a marriage contract is right for you, ask yourself the following:

Do you have significant assets? If you have investments, savings accounts, stocks, bonds, real estate, artwork, etc., and you do not want to share this equally with your spouse if you get divorced, then you need a marriage contract.

Do you own the home you and your spouse will reside in? If you already own the home before your marriage, a marriage contract can ensure you retain sole ownership of it in a divorce.

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