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There are myths about everything, but you should be careful about what you believe when it comes to misconceptions about family law. This article talks about some of the common wrong beliefs about family laws. One might have more occurrence than the other, but it doesn’t change the code. Here is what you should know.
Assets are Not Split Equally
Many believe that both partners get half of everything they own. That’s entirely incorrect, and there are a number of factors involved in making this decision. For example:
- Who contributed the most to asset building?
- Who contributed the most to run the family?
- Were there any non-financial contributions?
- Who needs the most?
You should contact a family lawyer like Matrimonial Home to ensure none of these factors are used against you if you are going through a separation.
Women Don’t Get a Preference
Despite common belief, the court doesn’t bias its decision based on gender. They always try to see what is right and what is wrong. There have been occurrences where the husband was abusive, and sometimes the wife was after money. Judges are smart and experienced enough to understand such situations.
Mother Doesn’t Always Get the Children
The decision is based on who is better fit to raise the children. A little kid usually needs a mother more than a father, so you might see it as a common occurrence. However, if the court feels that the father would be better to raise the kids in a case, they would give the custody to him.
Assets from Before Marriage are Not Divided
Assets are divided based on a number of factors discussed above, but only those assets that were created after the marriage. For example, if you started a business or bought property while married, it will be up for division at the court. On the other hand, your spouse can’t demand your inheritance. It also means anything you build or brought before the marriage is yours alone, and the spouse can’t put a claim.
Assets Registered on Sole Name are Also Divided
If an asset is registered with both spouses as the owner, it will obviously be divided. What many people don’t know is that it doesn’t matter whose name the assets are registered on. If you bought a property after the marriage and it’s registered only on the name of the husband, it will still be split between the two.
Debts are also Divided like Assets
Whether it was assets or debts you built after the marriage; both partners will have to take the responsibility. If a spouse can claim for the assets, he/she will also have to take responsibility for the debts. It’s clear that whatever reason built those debts, they were in this together.
Child Support and Visitation are Not Dependent
Lawyers are often asked the questions if the custodial parent can stop the other parent from visiting the child if he/she didn’t pay the child support. The two things are not related nor dependent on each other. The law can’t stop someone from seeing his/her own kid because of poverty. The custodial parent has the right to take the matter of child support in the court to resolve it.
Sleeping in Different Beds Doesn’t Count
In Canada, both partners must be separated for at least one year to get a divorce. Separation means living on different addresses. No matter how long ago you stopped sharing the bed, it wouldn’t be counted in the separated period. However, it’s a different case if you are getting a divorce due to serious issues like abuse or adultery.