Divorce is a complicated process. When a couple goes through divorce it becomes very stressful for them. Most couples accept their divorce proceedings very well, while some are not able to accept it. One of the important concerns which need to be kept in mind by the couples as well as by Oakville divorce lawyer is that the property which has been acquired by the marital couple should be equally divided. No couple wants to fight over the property or other petty issues. They just want everything to be settled peacefully, right from their debts to property as well as their alimony.
Things to Be Kept In Mind for Divorcing Couples
Separating couples in respect to the division of their property can settle the matter mutually. It is possible if they feel that the division of the assets has been done evenly. In the event, one is not happy with the division; one can take the help of experts like family lawyers or property lawyers. However, one thing which needs to be remembered is that the property would remain to both the couples, until the judge signs on any agreement or order.
Dividing Property Equally
Well, it is a known fact that most divorcing couples are not in an agreeable situation with each other. Hence, issues related to property division should be handled under the supervision of legal professionals like Oakville divorce lawyers. Most of the family attorneys having vast years of experience in this field can easily guide clients on how the property should be divided.
Most of the family attorneys explain that there are two ways to deal with division of property. In case, the property is a community property, then it is divided evenly. However, in most countries, equitable distribution of property is made. Under equitable distribution, the property is equally divided between two people.
How Law Views Divorce and Property Division?
Oakville divorce lawyer explains that equal division of property is applicable for all kinds of asset. Even if both couple is staying in one’s matrimonial home during divorce, a spouse may not ask other person to leave their home. Both spouses have equal right to stay in it.
Under Canada’s Constitution, each province and territory has its own laws related to division or equalization of marital property. In the eyes of law, marriage is considered to be an equal partnership. Hence, the property is equally divided between the spouses. Any property that has been shared during marriage should be divided equally.
Role of Family Law
Family attorneys try to explain that under the Family Law Act, the property which has been acquired during marriage should be divided equally. It would ensure each partner gets equal share. Basically, the property is not divided; the value of the property is equally divided between the spouses with the help of Oakville divorce lawyers. In case, a property has been received as a gift then it should be equally divided.
Just like the responsibility is divided equally, same should be done for division of property. All the wealth should be distributed immediate after divorce. For this taking the help of Oakville divorce lawyers is important.