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The termination of the marriage is not only emotionally charged, but also a sufficiently complex legal process, the conduct of which should be entrusted to an experienced divorce lawyer according to family law firm pickering. Over half of marriages are falling apart, the number of couples living in the form of actual cohabitation is increasing, and children born out of wedlock are increasing. The new dynamics of family relationships also require new ways and methods of regulating them. Divorce always has a negative impact on a person’s soul for a long time, and sometimes for his or her entire life, and children at a certain age suffer serious trauma to the psyche.

Often in divorce, real wars are fought over the division of property and the exercise of parental rights. And it is a good divorce lawyer who is to be entrusted with resolving family conflicts, resolving contradictions, and conducting a divorce as quickly as possible and sparing clients’ emotions and finances. It is your lawyer that contributes to the ability to preserve family relationships and protect the interests of children through competent intervention.

Although your lawyer may represent the interests of one party in the family conflict exclusively, if he or she is a professional in his / her area, the first thing he / she would consider is the interests of common children and proceeding to seek negotiation options, voluntary termination. and arrange for a divorce by mutual agreement, with consequences that govern each party to the fullest extent.

Divorce lawyer – mediator in resolving family conflict

By using the services of a good divorce lawyer, the tension between the divorcing couple is greatly reduced, mutual afflictions and negative emotions are saved, and the problem can be viewed objectively and in a way that places the interests of the undergraduate in the first place. adult children. The divorce lawyer chosen by the parties will carry out an impartial analysis of the situation already created, organize and negotiate with the divorcing spouses, and provide options for resolving the problem based on the views of both parties. The parties should understand that the role of the lawyer they choose is not only to quickly end the marriage, but also to settle the legal consequences of it, often for a decade to come – those concerning the common property, the upbringing of children and their upbringing and maintenance.

Due to the professional actions of a divorce lawyer, ex-spouses can keep the family / family apart from marriage, although people often consider it to be the same / and terminate the marriage by mutual consent. This solution will preserve good relationships between parents for the rest of their lives and allow for a much fuller satisfaction of the needs – both material and emotional for their children.

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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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