How Assets Are Split During a Divorce

Divorce can be a very emotional time for families as the proceedings tend to get very emotional. Especially when there is a long term marriage, it can be quite difficult to ascertain which spouse is legally entitled to what in Canada. Within Canada, the assets are divided according to the rules of the province that you were married, thus, it is best to consult a divorce lawyer in order to figure out which rules apply to your divorce.

General Division of Property in Canada

The Constitution of Canada stipulates that each province is individually responsible for the laws pertaining to division of assets or the equalization of marital property. It is for this reason that the laws tend to vary on a province by province basis. That being said, the general rule of thumb with property division in Canada is that the value of any property acquired during that marriage that is still in possession when the spouses separate is divided equally between the spouses. If the spouses brought in their own property from before the marriage, it is not to be divided, but if this property increased in value throughout the duration of the marriage, then the increases will be divided between the two spouses during the dissolution of the marriage.

There are some exceptions to these property division laws and one of these exceptions relates to the matrimonial home where both spouses resided at the time of divorce. If one spouse owned the matrimonial home before the date of the marriage, then they do not get any credit for it when the marriage terminates. Regardless of which spouse has their names on the deed of the house, both spouses have an equal opportunity to remain living in the marital home.

How Obtaining a Divorce Lawyer Can Help

A Divorce lawyer is a worthwhile investment in any divorce proceeding; however, it is particularly beneficial if there is a business owned by both spouses to seek legal representation. The reason for this is that the change of ownership in a business can get quite difficult to litigate when the business was in one spouse’s family previously or the spouses started it together from scratch. Additionally, if there are children involved, having legal counsel allows for the potential to schedule a mediation session to arrange custody schedules if both spouses are unable to agree among themselves.

In order to find the right divorce lawyer for your upcoming case, it is usually best to interview several different attorneys in consultation appointments. This will give you an opportunity to discuss the individual details of your upcoming case and see which attorney is the best fit. The sooner that you start this process, the sooner, you will have your divorce behind you with a successful outcome. You can find more information at Matrimonial Home.

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How To Protect Yourself When Charged With A Criminal Offence

If you are charged with a crime, you could be fined, sent to jail or even spend time in a prison. This is in addition to any damage that it could do to relationships with family members, friends and colleagues. Therefore, it is almost always in your best interest to contact a criminal lawyer to figure out a way to create a legal defense to the charge.

You Don’t Need to Talk to Anyone But Your Lawyer

The police and others may pressure you to say things that may not be accurate or ask you to confess to the charge on the spot. However, you aren’t legally obligated to say anything that may incriminate you or otherwise hamper your ability to defend yourself. The best thing to do is to ask for your lawyer as soon as you get to jail or if an interrogation occurs. Once you ask for your lawyer, the authorities must stop questioning and refer all inquiries to legal counsel.

There Is No Requirement to Take the Stand

You are not required to testify in your case if you don’t want to. However, it is your right to take the stand if you or your attorney feels like it is in your best interest. Furthermore, a spouse is generally not allowed to testify if he or she doesn’t want to. In some cases, testimony may be compelled if there is evidence to show that the marriage is a sham to withhold a key witness from talking.

You Don’t Have to Accept a Plea Deal

A prosecutor may offer you a plea deal to resolve your case quickly. Sometimes, you may be let off with no jail time or probation. However, this is still considered a conviction and will stay on your record. While your lawyer may strongly suggest that you take any deal offered, you are under no obligation to do so.

Get Your Record Expunged

If you are acquitted of a charge, you can have it wiped off of your record. Although not an automatic process, it is generally easy and straightforward for you or your lawyer to ask that the charge be expunged. All you need to do is prove that you were acquitted or otherwise fulfilled terms that would allow your charge to be removed. Once that happens, you don’t have to talk about it with employers or disclose it on a job or educational application.

It is important to understand that you are innocent until proven guilty in a court of law. Therefore, your first step after being charged with a crime is to contact an attorney. He or she may be able to come up with ways to cast doubt upon that charge, which may result in an acquittal or charges being thrown out completely. Please visit the Aswani K. Datt website for more information.

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