7 February, 2020
A family is not easy to manage, especially when it comes to using laws to solve some of its potential issues. For example, divorce and/or separation often require legal help with family law matters from a professional lawyer or firm – mostly in cases when the former couple doesn’t see eye to eye.
On top of that, most couples seem to not know the basics of family law. As such, most of them manage their finances jointly, without considering a separation or divorce. In case the latter happens, the finances will probably have to be equally shared between the two.
Therefore, in today’s article, we will introduce you to the basics of family law. We hope that the following information will help you make some decisions once you decide to form or disband your family.
When it comes to family law overall, there are four aspects that you have to take into consideration. Naturally, since family law comes into play only in times of divorce or separation, these aspects refer to children’s care, children’s support, spousal support, and property division.
As a married couple, your case will be judged under the Family Law Act or Divorce Act, depending on the issue you are facing.
Parents must take care of their children, even after separation/ divorce. This is not influenced by sole or shared custody – as you will either raise your children or pay for child support, as explained below.
First of all, it is worth mentioning that parents have the legal responsibility to support their children financially. When it comes to divorce, one of the parents has to pay the other child support to cover the children’s care costs.
Naturally, the parent spending less time with the children will pay child support. On top of that, child support will also include any extraordinary or special expenses for the children, such as school field trips or music lessons.
Spousal support refers to money that one spouse pays to the other, once they end their relationship. However, keep in mind that neither spouse is entitled to spousal support after a divorce.
Spousal support is taken into account when one of the parties can prove that they were disadvantaged financially by the relationship or by its end. This kind of support is usually given when the relationship was a long-term one, economic disadvantages appeared after the end of the relationship, the difference in income of the two spouses is great, and when the applicant can’t properly financially support themselves.
Property division is basically how the couple separates what they own, as well as what one owes to the other. For example, what the two of you gained during the relationship is usually split 50-50 – this is called family property.
Then, any of the things that they owned before the relationship are not affected by family law unless their value increased. In this case, the previous 50-50 rule applies.
Naturally, Family Law comes with a lot more peculiarities and exceptions. The good news is that family lawyers will usually offer you a free consultation where you can get an answer to all of your questions.
Still, these were the basics of family law – they include, as mentioned, care for children, child, and spousal support, as well as property division. Only special cases/ situations may imply other Family Law aspects!
Contributed by Tiberiu Iavorenciuc, Outreach Expert.
