How to Keep Your Parental Rights during a Divorce?

The divorce agreement must contain a written agreement on the exercise of parental rights, which may take the form of an agreement on the joint exercise of parental rights or an agreement on the independent exercise of parental rights. However, there is an important limitation here according to family lawyers ottawa. Namely, the court may, taking into account the interests of the minor child, not accept the agreement reached.

Although parents have agreed on the joint exercise of parental rights after the termination of their marriage or on the sole exercise by one parent, the court may assess that it is better for a child to have one parent autonomously parental right or that the right is exercised by the parent not specified in the agreement.

The breakdown of the marriage also leads to the distribution of the joint property of the spouse, that is, the property acquired by the spouses during the duration of the marriage. There is no problem if there is an agreement on how to distribute the property, but complications arise in the so-called court division, when the spouses can not agree on the level of share, the way of division, or in terms of the division of certain things. Then the court will be settled in civil or extra-judicial proceedings. It is assumed that the shares of the spouses are equal. But this assumption is recalcitrant, since each of them can prove that his share is greater than the spouse’s.

Some things from common property fall under the special legal regime:


Things to perform the trade or interest of one spouse assigned to that spouse by counting into his part;
Household items. These things are also counted in the part of the spouse they have joined.

In both cases, the other spouse will be entitled to payment of the difference in the value of these movable items.

Things for personal use, to which one spouse has the right to disregard his share, unless their value is disproportionate.
The things that are intended for the child are also allocated without counting to the parent to whom the common child is entrusted with the preservation and upbringing.

The important consequences of the termination of marriage are the legal possibility of changing the spouse’s last name in the family that he had before marriage within 60 days, the return of gifts, but also the loss of the status of a legal successor. However, there are relationships for which a marriage is irrelevant, where it is first of all necessary to emphasize family violence, which can exist between married people and between former spouses.

The consequences that arise after divorce, whether viewed through the material or psychological side, indicate the need to involve the entire community in tackling this issue, especially in cases where the social moments of divorce are in question. Nevertheless, the number and counseling facilities for both married couples and young parents have been increased to make life easier and their situation easier, which gives hope that peopleare going in the right direction, and that divorces will not be our daily routine in the future.

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