Prenuptial Agreement – Domestic Contract
- A Pre-nuptial Agreement is a contract entered into between two people who are about to marry. It sets out how the assets will be distributed in the event of separating, divorce or death. It also sets out other important matters of the couple such as rights to future spousal support, child support (if applicable). A prenuptial agreement is normally used in situations where one or both parties: has significant wealth or expects to receive a large inheritance, has a personal business, wish to keep all assets and debts separate, were previously married, and/or have children from a previous relationship.
- If you are married, the only way to legally end your marriage is to get a divorce. You must start a court case to get a divorce; one cannot marry again until your divorce is final. Your family lawyer will be able to explain how to get a divorce, and will take care of all of the following steps for you.
- We are also experienced in dealing with any complications along the way and ensure that everything is moving forward properly.
Custody and Access
- When families live together, both parents share the responsibility for their children’s upbringing, education and everyday lives. However, when there is a breakdown in the relationship (In some instances never lived together), you and the other parent must determine where the children will reside and how decisions about them will be made.
- Custody and Access are the legal term used when discuss these issues.
- Custody is legal term used to describe how major decisions will be made about a child after parents separate. Different types of custody arrangements includes Sole Custody, where one parent has the right and responsibility to make important decisions about the child’s care, education, religious instructions and welfare, and Joint Custody, where both parents jointly make important decisions about the child
- Whereas access is a legal term used to describe the time a parent without custody spends with his/her child.
- Child Support Guidelines are legislated and must be followed. Every parent has a legal obligation to support their children. Child Support is considered as a financial contribution from the payor parent to help provide for his or her children who are not living with him or her, or to help support children in a shared parenting situations.
- At Sam Misheal Law Office we will assist you and answer your questions regarding how will ongoing financial support contributions be determined, and how will other support issues such as education, health, insurance, and other expenses be determined?
- The law expects adults to be self-sufficient and to look after their own needs to the best of their ability.
- During the relationship, one person may often spend more time looking after the home and any children, and limits their ability to become skilled or earn a higher income.
- When the relationship ends, that person may have an economic disadvantage and may claim for spousal support to assist him or her and provide an opportunity to become self sufficient.
Division of Property
- Under the Family Law Act, a marriage is an equal partnership, and when it ends, the partnership is over and property has to be divided. Generally speaking, the rule is that the values of any property that has been acquired during the marriage and that the parties still own at the time of separation must be divided equally 50/50.
- The division of family property in a divorce can be a very complicated matter, depending on the assets and debts of each partner at the time of marriage and the time of legal separation, amongst other factors to be considered.
- We can assist you in negotiations regarding the issues of custody, access, child support and spousal support, and other arrangements. These arrangements can be written into what is referred to as Separation Agreement.
- When parties enter into separation agreement both must make full financial disclosure in order to provide a true picture of their financial situation when the separation agreement is being discussed.
- Furthermore, a separation agreement is a contract that both must honour. You should contact us to insure that you know all of the legal consequences of your decisions and that you fully understand what you agree to.