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The whole process of divorce is straightforward, it is only when such things as disputes over children, property and money come into the process, that it can take some time and divorce can become complicated. If there are such issues in your divorce then it is essential to seek help and advice from the relevant sources as soon as possible, as both parties have certain legal divorce rights.
While legal divorce rights will of vary depending on where you live here we look at some of the more common rights that may be applicable to your divorce.
Rights related to property
Legal rights when it comes to property are based on many factors. Of course, one of them is the fact of whether joint names are on the deeds to the property or just a single name. Even if the deeds just have a single name, it may still be possible to claim a share of the property. Pre-nuptial agreements will of course be taken into account when looking into any rights, you may have to property and the needs of children are taken into account. For instance, children live with one partner then that partner may be granted a larger share in the property after the divorce. Generally, any property that has been accumulated during the marriage will be taken into account. This may include the family home, a second home, holiday home or business premises.
Legal divorce rights concerning children
If you are divorcing and there are children involved because of the marriage then they are usually given precedence over the adults when it comes to rights. Generally, one of the rights of children is that they have equal access and can spend time with both parents.
Both parents of course should have equal rights and have parental responsibility for their children. For example, parents have the right to be able to make choices and decisions for the child on their behalf. This could be for example related to education and schooling or medical choices. If the divorce has ended amicably then usually ex-partners will be able to work together when it comes to these choices. If not then it may be down to the courts to decide.
Financial rights
Money of course is generally a major issue when going through a divorce. If you are unable to reach an agreement or split any finances down the middle then again it may be left to the lawyers or courts to decide who is entitled to what. When it comes to how the finances are divided there is no set rule and of course, the individual’s circumstances will be taken into account.
Many factors may be taken into account when it comes to dividing finances between ex-partners so you may want to discuss these with your lawyer beforehand so you are aware of what they entail. The length of the relationship and marriage will usually be one of the concerns.
The age of both parties involved will also be one of the considerations that are taken into account when dividing the assets. Whether money in bank accounts were held jointly or in individual names will be considered.
Children of course are also taken into account when dividing assets and finances. As a rule, the partner who is caring for the children will be given priority and this of course as a rule is the female half of the partnership. This may seem unfair and it may seem that the courts are in favor of the rights of the female, however if there are young children involved and the mother has to stay home to look after them then of course she is unable to work, or has to pay childcare costs. Therefore, such as this will be taken into account when dividing assets and finances.
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