What Is The Right To Each Spouse After A Divorce

What Is The Right To Each Spouse After A Divorce

What Is The Right To Each Spouse After A Divorce

Comments Off on What Is The Right To Each Spouse After A Divorce

Very often, in practice, the question arises of the material consequences of divorce in the situation when one partner for a marriage has a successful and extremely lucrative business career, while the other partner leads the household and takes care of the children. The ottawa family lawyers will guide you through the process.

The right to equal property division, no matter who earned it

There are many cases where the Family Court appealed against a first-instance verdict in divorce and divorce proceedings worth to the wife’s spouse, finding that the former spouse has every right to the same half of the property acquired during their 29 – year marriage, regardless of the fact that the wife primarily deals with the household and the upbringing of their children, while the husband has run a successful and lucrative real estate job for many years.

By the first-instance verdict, the original wife would be granted 60% of the property acquired in marriage to which the husband will claim that such a court decision is unjust and unlawful, stressing the same importance of her contribution to marriage and the creation of joint property during marriage, as well as the fact that she was on the basis of their agreed distribution of roles, primary care of the household and of the common children, and for that reason should not bear the unfair economic consequences of the divorce and be placed in a more unfavorable position.

Both spouses would have the right to equal share of the property acquired during the term of marriage, pointing out in the reasoning of the judgment that the wife’s contribution to the creation of a matrimonial property is equal to her husband’s contribution and that the value of the wife contributed for the duration of marriage, taking care and working around the family and children of the same value as the work of spouses and the creation of their material wealth.

The wife’s contribution in the form of “unpaid work” around the common household and family allowed her husband to undoubtedly realize a successful and financially entertaining career.

This pre-trial court is of particular importance for women given the fact that, according to available statistical data, in the case of 60% families with children under the age of 15, are women who work part-time or are not employed at all, while men work full time. Only in the case of 3% of the family this division of the role of marriage is different.

Many successful business careers can be considered as a team work of both partners, and it is therefore essential that the court recognizes the importance of the “free support / contribution” most often given to women by women, without which many business career achievements would not be possible.

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