Divorce proceedings can be initiated in two ways with a lawsuit or a proposal for an amicable divorce. A proposal for a consensual divorce is submitted when there is the consent of the spouses on all significant issues that are of influence for the divorce. Toronto family law firms is the right place for such cases.
Significant issues for divorce are trust of children, alimony and division of property, a lawsuit is filed when there is no agreement on these issues. Spouses can initiate proceedings alone or through a lawyer. If the parties decide that their lawyers represent them, the power of attorney must be certified by a notary or consular office in case the certification is done abroad. If you need legal assistance in divorce proceedings, you can contact a law firm.
The basic courts are really competent in divorce proceedings. The application for divorce, regardless of whether it takes the form of a lawsuit or a proposal for an amicable divorce, is submitted to the locally competent court according to the residence of the defendant or according to the last joint residence of the spouse.
As for the amount of support in the case of an agreed divorce, it can be freely determined in compliance with some legal minimum. This means that it is possible that even someone who has a large income pays very little alimony, the court will respect the rights of the supporter by not allowing an agreement in which alimony is below the minimum amount of alimony. The minimum amount of support is the amount that is periodically determined by the ministry in charge of family protection, in accordance with the law. In practice, this means that the court will not allow agreements in which the maintenance is below the minimum amount.
Agreement on the division of joint property
Regardless of whether the proposal for an amicable divorce proposes joint or independent exercise of parental rights, it must also contain an agreement on the division of joint property if the spouses own it.
When dividing property, it is a practice to include in the proposal for consensual divorce more valuable property about which some written records are kept, such as real estate, motor vehicles, savings deposits in banks, shares in companies, etc., while items of lesser value that are not recorded, such as furniture, furniture, small cash and personal belongings of the spouses, are in fact divided without inclusion in the divorce agreement. It is necessary to enclose written evidence of the property to be divided in the agreement. If the property is divided by agreement, it avoids a lengthy litigation where the court would determine the share of the joint property and where the contribution of each parent in acquiring the property must be determined, which can take years.
As for the duration of the court procedure, the legal deadline for scheduling a hearing is 15 days from the submitted proposal, however, in practice, due to the workload of the courts, it lasts a couple of months.
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