If you and your spouse have little to no property to divide and don’t have children together, you are excellent candidates for an uncontested divorce. You may also be a candidate for an uncontested divorce if you and your spouse do have property to divide or children together, but you agree on each aspect of the divorce.

Separation can be hard on the children of a marriage, and one of the first questions asked when there is a breakdown in the spousal relationship is “what happens with the children?”. We understand this can be the most sensitive issue faced during a separation. Working with an experienced child custody lawyer from the initial stages can help you protect your rights and the best interests of your children.

During the process of separation, the assets and debts of a family must also be separated. In Manitoba, the general rule for division of family property is that each party is entitled to one-half the family assets and each party is responsible for one-half the family debts. Family assets and debts are those assets and debts in either party’s name alone as at the date of separation. Some property, such as pre-acquired property and inheritances, are not included in the accounting. Joint assets and debts are not considered family property because they are already shared. Get your free consultation to learn how we can help resolve contentious or cooperative property division issues.

In Manitoba, spousal support does not have a fixed formula and the lower income earner’s entitlement to support is not guaranteed. There must be a reason for the entitlement to spousal support and it should not be presumed. If the entitlement to spousal support is established, the amount of spousal support to be paid is determined by many factors considering each party’s net disposable income. The duration of spousal support also depends on many factors, including the length of the relationship, the age of the parties when they separated, parenting arrangements and the age of the children (if any), and the amount paid.

If you are engaged to be married or living common law it is important to plan ahead. Sometimes what seems unlikely becomes a reality and planning ahead will ensure minimal financial backlash in your future. If you wish to protect your assets through a cohabitation agreement you will need one of two things: A lawyer to listen to your needs and draft a cohabitation agreement on your behalf, or a lawyer that will provide you with Independent Legal Advice on a cohabitation agreement drafted by another lawyer representing your spouse. Visionary Law has the right processes in place to make it as short and cooperative an experience as possible avoiding unneeded stress this process can raise between you and your spouse. If the need arises we can also be used as a mediator between you and your spouse.

Sometimes, an uncontested divorce is unrealistic for a couple. When couples simply can’t reach an agreement on a divorce related matter, such as how to divide property or who will have primary custody of the children, litigation may be the only way to resolve the issue.

Without an experienced family law lawyer, you stand to lose much more than you bargained for in your divorce. We understand that this is a challenging time and believe that you deserve attentive, individualized service. From your initial consultation to the resolution of your case our lawyers are here to advocate on your behalf, and to provide you with information and advice. Your interests and those of your family will remain our top priority from start to finish.

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