Your rights during divorce: protecting your interests

Divorce can be a difficult time. This article gives a general overview of questions that arise during divorce: property, parental rights, maintenance and privacy. The application of the rules depends on the family’s circumstances and the particular proceedings.

1. Division of property

Separate property must be distinguished from joint marital property. Joint property can be divided by agreement or in court proceedings. The statutory presumption of equal shares does not mean that all property is automatically divided in half: a larger share may be established by evidence, and a marital property agreement may regulate property relations. An overview of property, liabilities and documents is important when considering division.

2. Exercise of parental rights

Where spouses have children, matters include the exercise of parental rights, maintaining personal contact with the child and maintenance. The child’s best interests are the standard. “Guardianship” is not a substitute for the exercise of parental rights. Even when one parent exercises parental rights independently, the other does not automatically lose the right to participate in decisions that substantially affect the child’s life.

3. Child maintenance

Maintenance is the child’s right. The amount is determined by the child’s needs and the parents’ means, together with other circumstances prescribed by law. No single amount applies to every family.

4. Spousal maintenance

Entitlement to spousal maintenance exists subject to statutory conditions. It does not arise simply because one spouse has a lower income. Relevant factors include means of support, capacity for work or unemployment, the other spouse’s means and statutory limits on the right.

5. Privacy

Family proceedings have special rules on excluding the public and keeping information in case files confidential. This is different from claiming that no one can access any document without a party’s consent. Attorneys are bound by attorney confidentiality, subject to statutory conditions.

The attorney’s role

Work on a matter may include reviewing property and documents, questions of parental rights and maintenance, and representation within the agreed scope. See how the office works on family law matters. Engagement and next steps are agreed after reviewing the particular circumstances.

Conclusion

Property relations, children’s rights and maintenance are separate, though connected, questions. General information helps explain the process, while decisions in an individual matter require a review of the facts and documents.