Alternatives to Divorce
Depending on your specific circumstances, you may have other options for ending your marriage besides a divorce:
Legal separations can allow spouses to make some of the same decisions as a divorce regarding their shared property, child custody, and child support. This option does not legally end the marriage and is generally used when couples want to retain their marriage status for religious or health care reasons.
An annulment has the same legal effect as a divorce, but does so by declaring your marriage was never valid in the first place. Reasons for an annulment could be that one spouse was already married, was tricked into the marriage, or was too young at the time to legally marry.
Nearly all property obtained after the marriage is classed as a matrimonial asset. As a result, the property in some cases will be equally split after the divorce, unless the court feels the divide of the marital property between both parties should differ due to other circumstances, for example, where children are involved. In either case, courts will normally have to approve a Consent Order.
Maintenance and Spousal Support
Maintenance and spousal support are interchangeable terms that refer to monthly payments following a divorce, from one ex-spouse to another. Court-ordered or arranged by the parties involved, they are intended to account for the adverse economic effect a divorce can have on one party.
All spousal support agreements and amounts are unique and dependent on a variety of factors, including the spouses’ individual incomes and property, their earning capacity, the duration of the marriage, and whether children and child support are involved.
Divorce deals with the dissolving of the marriage. If the court is required to make a decision about money or children a separate application will need to be made, or a Consent Order filed.
What Divorce Cannot Do
- Guarantee Precise and Equal Division
- Ensure Civil Relations
- Resolve Emotional Issues
Beacon Wealth Legal know that going through a divorce or separation can be hard, especially when children are involved. If you need any further information on how we can help, do not hesitate to contact us.