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Divorce Lawyers Calgary Services by Sam Aston
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Divorce Lawyers Calgary Services |
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Law
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Although nobody enters a marriage expecting to get divorced, it is important to recognize the current state of marriage in society. Nearly half of all marriages are ended with divorce. This does not mean that people should expect the worst, but that realities need to be recognized. Divorce lawyers Calgary firms provide a variety of services to clients who are either entering into a marriage, or exiting a marriage. When these situations arise it is important that each party have their own divorce lawyers Calgary firm on retainer to protect their interests as well as their legal rights. There are an extremely wide variety of services offered by divorce lawyers Calgary firms. Even before a couple enters into marriage there are a few important services which a divorce lawyers Calgary firm can provide, most important being a prenuptial agreement. By default, when a couple divorces courts will divide all marital property in half, and adjust as the forces of equity dictate. However, a prenuptial agreement can trump the default equitable divide laws with the pre-marital intentions of the husband and wife. A prenuptial agreement spells out precisely how the couple plans on splitting physical and financial assets in the case of a divorce. Although a prenuptial agreement is a binding contract between the two parties, it is possible for a court to override the terms. Just like a contract, the courts powers in equity allow them to reform the language of a contract to fairly represent the intent of both parties. Further, if there are circumstances which are unforeseen to the couple at the time of marriage, the court may reform the prenuptial agreement to create a more fair result. An example of such a situation is if the parties agreed that during the divorce the assets should be split evenly, but throughout the course of a marriage only one partner lent his or her name to credit application and has a disproportionate amount of debt in their name, although both spouses benefited from the loans. In this case the court may award the party with the excess debt more physical and financial assets than are stated in the prenuptial agreement, to assist them in paying of the debts which are essentially products of the marriage. If a divorcing couple has children, the situation can become much more complicated. It is extremely important that divorcing parents with children treat the situation maturely and remember that the best interest of the child should be at the forefront of their planning. To begin with, the court will need to award primary physical custody to one of the parents, or award joint physical custody if both parents are willing to split time evenly. Similarly, legal custody will need to be determined and assigned to one or both parents. Legal custody refers to the right of a parent to make major and minor decisions about the child's life, such as medical issues, school attendance and other similar issues. Once the court has awarded one party with primary physical custody the parties and the court will need to agree to an adequate visitation and parenting time schedule. There are mandatory visitation requirements set forth by the government for non-custodial parents. Child support is another issue that must be dealt with between spouses, the court and divorce lawyers Calgary representation. Again, there are state minimums for child support, which are based on a table of income. The more income a parent makes, the more child support he or she will owe to a custodial parent. It is possible for a custodial parent to even owe a non-custodial parent child support if his or her income far outweighs the other.
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