How to plan a strategic exit before proceeding with your divorce
Many individuals get a divorce long after they first entertain the thought. This is often a good strategy as it may be wiser to wait and plan a strategic exit than to jump into the waters unprepared. An unsuccessful marriage is an unpleasant experience in and of itself. It would make sense to minimize adverse effects on your financial future.
The Canada Divorce Act allows divorce solely on the grounds of breakdown of the relationship, either due to cruelty, adultery, or separation – the latter being by far the most common. Although it is wise to strategically plan your divorce, no one should tolerate an abusive relationship for another second.
So, can you really plan a strategic exit? Certainly – although it will require some work on your part.
If your spouse has put her career or education on hold to raise the children and take care of you and the family, the court will take into consideration the sacrifices she has made for the betterment of your family and will likely award a higher amount of spousal support. If your spouse falls into this category, it might be in your best interest to encourage her to complete her education or to return to the workforce on part-time basis before beginning divorce procedures.
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With respect to child custody, if the nature of your employment or your work schedule have impeded you from sufficiently contributing to your children’s upbringing, you are much less likely to be awarded physical custody over your children. If you are hoping to have your children live with you after the divorce, it would certainly be a good move on your part to begin investing more time with them, and to begin having a more notable impact on their lives before you start with divorce procedures. After all, the children should benefit from quality time with both parents both before and after divorce.
If you share a matrimonial residence of your own with your spouse, any equity you have built will likely be subject to property division. If your mortgage is being paid solely by you because you are the sole earner in your household, or if you have been contributing more than your spouse towards mortgage payments in an attempt to pay off your mortgage faster, you may wish to decelerate your mortgage payments. Any home equity you have been toiling to build will be divided equally between you and your spouse.
Similarly with regards to other assets, if you are intending to purchase stocks, as an example, it may be best to purchase them on a line of credit as opposed to paying for them with liquid funds or funds you have obtained from your family.
Before officially separating from your spouse, educate yourself concerning the factors which will come into play when the court decides on financial settlements such as asset division and spousal support. Depending on the circumstances of your marriage, you may wish to delay your divorce to better position yourself and minimize the risk on your future financial security.
“For a fast, low-cost, lawyer-free legal divorce visit www.DivorceOnline.ca.â€
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