Property settlement can be defined as the process of dividing matrimonial assets between husband and wife. In most cases, such situations arise due to divorce. Often, people tend to think that married couples have an equal share when it comes to property settlement. However, this assumption couldn’t be further from the truth as this is not always the case. When a husband and wife decide to part ways – the following is usually considered: spousal maintenance, divorce, children and property settlement.
Property settlement happens when matrimonial assets are divided between the spouses. It takes into consideration all assets, all liabilities and all income. Basically, the courts will take into account the party’s monetary and non-monetary contributions and future requirements. Although property settlement issues can be handled by the parties concerned, this may not be a wise approach. For this reason, it is best to engage property settlement lawyers to deal with the matter. Where unbiased legal advice and assistance is not involved, then chances are that one party will not receive a fair share of the property. The court always tries to ensure that every party receives a fair and reasonable portion of the property, and everyone is protected including children. See this page if you are looking for divorce lawyers.
A marriage is a legal contract and just like any other legal contract the right of each party ought to be respected. It should be noted that the law governing divorce varies from country to country. And in the United States, it also varies from state to state. There have been many changes that have been made in connection with divorce rights, and many people are still not satisfied with rights. Every divorcing couple must know how to capitalize on their divorce rights. And in order to achieve this, they must engage in a property dispute lawyers in Perth who has specialized in family law. This expert can offer guidance and explains everything to the parties involved, and let them be aware of their rights. Some of the most complex divorce rights include child custody, spousal support; distribution of property and child support.
When couples want to divorce, division of property often becomes a headache for all the parties concerned. The court will consider individual contribution and other factors like children. However, this law may differ from country to country or from state to state. According to the law, property distribution does not affect properties that are inherited, gifted or purchased in the past before the couples got married.
Child custody is another contentious subject among divorce cases these days. Each parent would want to have the right of keeping the child. The court, however, will always allow both parties to have equal rights as far as the child custody is concerned. No one except the court has the right to decide who will be given the right to stay with the child. The court will evaluate the needs and interest of the children involved. If one parent proves to be irresponsible, the court will likely deny his or her child custody rights.
Sometimes both parents can be deemed incapable of taking care of the children. In such rare situations, the child custody right may be awarded to someone else, such as a family member.