The decision to separate will always be a hard decision. For some it will be painful, but for the most part, it will be the only option to end a relation and move on in life gracefully. While it may be possible to handle the emotive aspect of a separation, relatively easily, it will be a little more confusing to handle the property distribution that ensues after a separation. It will not be possible to avoid a settlement, and will invite a court ordered settlement if either or both parties do not mutually agree on a settlement.
The need to hire a property settlement lawyer
There are many aspects to a property settlement, and most individuals would not be aware of the legal implications. This is why it will be necessary to hire a property settlement lawyer services to bring the property settlement to closure. The options that are typically available to a couple either in a married relationship or a live-in arrangement are a mutually accepted agreement, or an order passed by a court. In both the options, it will help to have the services of an experienced lawyer who will help you to navigate through the requirements of law and jurisprudence. If you enter into an agreement that is binding on both parties to the agreement, it is necessary to have the agreements verified legally, and separately before signing and moving the Court for a consent order.
Understanding the methodology adopted by Courts in determining division of property
If you happen to be a separated individual, you need to initiate court proceedings within a particular period, failing which the statute of limitations will apply. It is only in very rare cases that the Court overrides the statute of limitations, and permits a time barred request for proceedings. The Court adopts a dynamic method of assessing and evaluating the net or combined assets of a couple and their contribution to it in terms of tangible and intangible ways. Following the evaluation and assessment, the Court will then proceed to ascertain the needs of each party which will in turn hinge on various factors, such as age health, the number of children in custody and the ability of the individual to support the dependants. All of these factors are presented to the Court with supporting evidences by lawyers and a good representation will certainly help in getting the right kind of settlement.
This makes it necessary to hire the services of a lawyer to help in going through the modalities of either a mutual consent order or a court settlement. One of the most important aspects in either of the options, is the need to be fully aware of rights. Most individuals often do not exercise their rights, due to ignorance or misleading information. With the services of a good lawyer it is possible to understand one’s rights fully, which will help in pushing for an order that is just and reasonable.