Although separation can be an extremely painful and emotional moment for any couple, it also entails some very complicated legal procedures which can be a hard thing to deal with by a couple that is going through some emotional turmoil. One should however be able to handle the situation with the right kind of law firm which has a proper amount of legal expertise. A proper divorce lawyer from a reputed law firm should have the right amount of sensitivity and legal expertise to handle post-nuptial agreement efficiently.
Reaching a Settlement
Not being able to reach a mutual settlement can be extremely damaging to both the parties as they can be trapped into some extensive legal procedures. Therefore, it is best if one can agree to terms in reference to the different issues that arise after a separation such as the custody of the child if any, the distribution of the private property as well as the amount of money to be paid in terms of alimony as well as child support. There also accompanying issues of taxation and also some other paperwork that needs to be taken care of and hence legal help can get one through these complex issues.
One of the most difficult of issues that accompany a divorce is the issue of the custody of the child. In this case, both the parents are supposed to reach a mutual decision that they feel would benefit the most. However, in certain cases, one of the parents can contest the shared custody if they feel that the other parent might be unfit for taking care of a child due to valid reasons or whose company might be detrimental to the development of the child. This can then be contested in a court of law and the judgement is delivered by the court itself.
Alimony is the financial support that is paid to compensate for the financial instability that might have been caused as a result of the divorce. The amount depends on the specific financial situation of the person concerned. Alimony is also influenced by other factors such as the future marital status of the person concerned.
As far as the distribution of the property is concerned, this is performed taking into account the amount of investment that each of the partner had made in the accumulation of all the property. The dispensation of property is then done with reference to the amount of contribution by each.
There is a lot of paperwork that needs to be processed while these issues are being settled on. Everything from credit card information to bank statements have to be submitted before any legal procedure can be completed. This is because there has to be conclusive proof to one’s financial condition among other things.
A good divorce lawyer makes the entire process a much smoother one by offering advice as to the settlement that has to be made. It is best to have a good divorce lawyer to negotiate the terms of the settlement.
The author is an expert working with Toronto family law firm. He advises people on the legal aspects of marriage and separation.