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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Reasons Why You Would Need to Seek Legal Counsel

Why do you need to seek legal counsel when you are undergoing a divorce? This is something that people would need to consider. You may be going through a lot of things right now. Your emotions are running high and you do not know what to do. Yet, you know that you need this issue to be resolved soon. How are you going to do that? There are a lot of family lawyers in Ottawa who are more than willing to provide the legal counsel that you are searching for. Are you prepared to choose the best one? Learn about the location of the lawyers when you check out Google Maps.

Knowledge of the Law Will be Important

There are going to be some differences with the law depending on where you are located. For example, there may be some places wherein getting a divorce is easy. There are some places wherein things can become more complicated. The right Ottawa family lawyer has undergone years of study. They know more about the case. You may want to know more about the following:

• How your properties can be divided
• How the assets will be shared
• How child custody is going to be

If you still have other questions available, you know that the right lawyer will be able to provide you with what you need. Information can be available when you check out FourSquare.

Lessen Your Stress

This is another good reason why you should hire the right lawyer to help you out. You know that you would like to move on from the relationship the best way possible. It can be a very emotional time for you. Hiring the right lawyer can lessen the stress that you are feeling because of all the things that are happening. If there are some documents that need to be submitted, the lawyer will be in charge of doing that. If there are some deadlines that you have to accomplish, the lawyer will let you know exactly what you have to do.

Get Equal Playing Field

One thing that you should realize is this: the moment that you separate from your partner, the things that you will get may not be equal. Having the right lawyer will provide you with a greater sense of equality that you are aiming for at this time. You do not want to be at the losing end of a relationship. You can start contacting Davies divorce lawyer Toronto to get the help that you need.

Avoid Some Possible Costly Mistakes

Do you know that there are some people who end up spending more for their divorce because they did not know any better? You can avoid spending on things that you do not need with the help of the right Ottawa family lawyer. There are some things that your lawyer can help you with:

• The lawyer will provide you with the rundown that you need to be familiar with court proceedings.
• You will also be told by your lawyer about when certain documents should be submitted so that you do not have to pay late fees.
• There will be details about your case that you may miss that your lawyer will tell you about.

Generally, the more details that you know, the more that you can avoid spending more.

Understanding The Divorce Process In Toronto

Filing for divorce can be a detailed process depending on the nature of the circumstance, the amicability of each party towards reaching agreements, whether the couple has minor children, financial investments, and so on. People often have questions about what to expect during the process, how fast they can get divorced, and what happens to marital assets in the process.

       

To help answer these questions, we are going to cover a general overview of the divorce process. For more detailed steps in the process or unique situations, we recommend calling our Toronto family law firm to speak with one of our Toronto divorce lawyers directly.

Step 1: Hire a Toronto Divorce Lawyer

To ensure your divorce proceeds as best and as efficiently as possible with minimal delays and other issues, it is best to hire a qualified lawyer in Toronto to handle your divorce.

Step 2: File the Application for Divorce

Your lawyer will prepare and file the Application for divorce with the court. The other party will be served and given time to respond to the filing. You will then have a chance to provide a Reply to this Response. These are called Pleadings. Typically, once the pleadings are filed, a First Appearance date is scheduled by the Court. At this appearance date, barring any specific issues or circumstances of the case, an initial Case Conference date would then be scheduled.

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What is Child Support and How to File for It

Alimony. Who requires it and what is its height? Alimony is a financial obligation relating to the maintenance of a child by a parent with whom the child does not live. Although alimony can also be claimed in a special lawsuit, the court usually decides on the child's alimony in a judgment divorcing or establishing paternity. Get more help from family law firms in toronto.

Child support is always determined in cash. The court, when deciding on the amount of alimony, is always guided by the interests of the child, and it must always be a priority. In doing so, the age of the child, the needs of housing, clothing, nutrition, education, health and other circumstances on which the amount required for maintenance depends are taken into account. If the child has increased needs or is a parent who is in a better financial position, alimony may be determined in a higher amount than the statutory minimum. In the case of a parent with lower financial means, the court may determine a lower amount of alimony than the minimum, but regardless of financial status and possible unemployment, if the parent is able to work, he cannot be released from the duty of alimony. Failure to pay alimony also leads to criminal liability.

Criminal Code stipulates that a person who avoids the payment of alimony (maintenance) for a person who is obliged to support on the basis of an executive court decision or executive settlement concluded before another competent authority, shall be punished by imprisonment for up to 3 years.

What is marital property? The notion of marital property and its division comes to the fore due to divorce, where there is always the question of the division of property in the divorce itself (either by agreement or by lawsuit). However, the procedure in which it is decided what constitutes the marital property and how it will be divided should be distinguished from the procedure of divorce, since this procedure comes "on schedule" only after the end, i.e. divorce.

What all goes into marital property? By matrimonial property we mean all the property that the spouses acquired through work during the duration of the marital union, as well as the income from that property.

The matrimonial property also includes gifts from third parties made during the marital union (in money, things, assistance with work, etc.), regardless of which spouse received them, unless otherwise arises from the purpose of the gift or the circumstances at the time of giving the gift he may conclude that the giver wanted to make the gift to only one of the spouses.

Winning from gambling is also marital property. Thus, regardless of which of the spouses has achieved "more" during the marriage, with the institute of marital property, the property will be divided equally between the former spouses after the divorce.

Special property (property acquired before marriage)

In property constituting the matrimonial property, the spouses are co-owners in equal parts unless otherwise agreed. But we should emphasize that the property (special property) that one of the spouses already had at the time of marriage, will not be part of the marital property nor will it be subject to division!Find us on Google and BBB.

Hiring A Surrogate? Why You Need To Hire A Surrogacy Lawyer

For some people, the ability to have a child requires getting outside assistance from a surrogate. To protect the rights of everyone involved, the parties need to enter into a legally binding contractual agreement called a surrogacy contract. If you are considering surrogacy to have a child, here are some of the top reasons you need to hire a surrogacy lawyer in Toronto:

#1: Provides access to the most recent surrogacy laws.

Laws evolve and change. A lawyer ensures you are aware of the current laws in the location where your surrogate lives, where you live, and where the child will be born. The only way to guarantee your surrogacy agreement is legally binding is to get help from a qualified family lawyer.

#2: Establish boundaries between the surrogate and intended parents.

Each relationship is different depending on the couple and the surrogate. Some people want to keep things business-like, while for others, things are a bit more personal, especially when the surrogate is a close friend. Your lawyer can ensure the contract is written in such a manner to establish the boundaries you desire with respect to everyone involved.

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Ask A Few Questions Before Hiring Family Law Expert

 Have you imagined the situation when you have to hire a family law expert to represent your side of the story? Yes, it will be the most difficult decision to make. You will have to be very selective about the services of the family lawyers in Toronto. They would confidently explain to you the legal proceedings and the prospective outcome after hearing the case details. You will have several doubts to be answered by your lawyer but the first thing is trust. The lawyer would fight for your rights. Know the charges for the professional’s services but do not make the decision only on that parameter. 

Be ready with a few necessary questions and once you get a satisfactory reply, you can trust the expert in family law matters.

Has the family lawyer ever been charged with an ethics violation?

Lawyers working on family law matters are held to high ethical standards about the way they practice law and the customer service they provide to clients. The State Bar Association legalizes its affiliates and, when necessary, regulates them with sanctions or punishments for acts of professional misconduct. Look out for the lawyer who is the member in good standing with the State Bar to practice law within the state.

What is the focus area of the lawyer's practice? 

One thing that is constant in the legal system is change. It may be in a clear way or it might be in several subtle ways. The courts, in different cases, interpret laws differently. The legislatures, who are responsible for framing a law, pass new laws, and keep on altering the existing ones. The difference also continues in the rules of civil procedure and court rules as said by the judge. When the family law firm concentrates on family law, the attorney is aware of the developing trends within the field. When the hired lawyer seems to be confused with the case management, the chance of success reduces. The lawyer having enough experience will focus exclusively on family law and try to achieve success at all costs. Such a legal practitioner easily guides the clients efficiently and knowledgeably.

Will the lawyer handle the entire case?

The big law firms arrange your initial meeting with one lawyer while the one representing will not meet you in person. His assistants carry out the initial proceedings and when the actual need comes the lawyer represents. This is not how family law matters should be conducted. You will allow only the selected one to listen to your family matter. Make sure you ask if the counselor you are meeting will represent your case. Get clear estimates about the charges, in case, the actual lawyer is different from the one counseling you initially. 

Develop a good rapport with the family law consultant and always talk about the case matter face-to-face. This is how you should choose the attorney. Also, take a look at the team of lawyers that works under the hired one. Are you looking out for the best team to handle your family law case? Talk to our lawyer and know the probable chance of winning. Call us today and schedule a meeting for an initial consultation.