September 26, 2022

Whether you are in a marriage, you should not take anything for granted. Whatever you do regarding your spouse has legal consequences from the family law perspective. Given this, if you are planning to separate or divorce, getting family law advice will help you avoid issues during or after going on with the separation or divorce.

For reasons best known to you, you may want to walk out of your marriage. You should consider reaching a mutual agreement with your spouse. Most importantly, ensure that the separation or divorce is agreed to by both of you and make the agreement legal.

What are the legal matters when you separate or divorce?

It should be understood that separation and divorce mean different things according to family law. As a result, legal matters regarding property sharing will be based on whether you separate or divorce. Separation refers to a situation where two people who are married or living together as a common-law couple decide to live apart. In the same vein, divorce is when a legally married couple decides to end the marriage and go their separate ways.

When a divorce is mutually consented to by both parties, the parties might not require the services of a lawyer. They could draft a Separation Agreement together and take it to court for approval. However, if the divorce is contested, both parties would need the services of family law attorneys and go to court for settlement, which includes property division, child custody, alimony, and much more.

Another crucial legal matter that arises when you separate or divorce is how to manage money. Unfortunately, when a relationship or marriage is ending, the wealth or riches you have saved up and the plans you have made for the future will all be affected. In this case, you are most likely going to need a family law attorney to help you resolve the division of the money involved. Else, you would go to court for resolution.

Notable legal matters involved when you separate or divorce are summarized below:

  1. Property settlements may be resolved by mutual agreement or through consent orders from a family law court.
  2. Both parties must prepare a separation agreement outlining how assets will be divided between them, and one party will not make any claim to the assets in the other person’s possession.
  3. Except there is a legal agreement regarding the debts owed by your spouse stating otherwise, you will be held responsible.
  4. You could resolve the settlement of property any time after separation and before any of the spouses applies for divorce.

Takeaway

Take note of the legal matters mentioned above when you are going through separation or divorce. Follow the tips to have a hassle-free separation or divorce.