If you’re about to get a divorce then you will need all the expert legal help you can get. Few divorces are simple or straightforward.
The lawyers at Merchant Law have decades of experience managing some of the province’s toughest divorce cases. As high net worth divorce specialists and farm divorce specialists, we’ve encountered true challenges and have successfully negotiated hundreds of settlements.
Do all high net worth divorces require litigation?
While most high net worth divorces turn contentious, it is not necessary for them to go to litigation. Most high net worth couples preserve more of their worth by working to settle their divorces out of court.
Doing this requires creative solutions and working closely with a number of other professionals, including tax professionals, valuation professionals, and financial advisors. It requires a keen understanding of business and real estate law, and the ability to keep things civil while remaining focused on clearly defined goals.
When choosing a lawyer it remains important to choose one who will still prepare for litigation from Day 1, and who is comfortable addressing all of the major issues of a high net worth divorce in front of a family court judge. There is always the chance that your ex will choose to be unreasonable and will force the issue.
Our team of family lawyers are known for being some of Saskatchewan’s toughest family court litigators. If it becomes necessary to fight for your rights in court, we will be prepared.
How can I keep spousal support low?
Spousal support is a negotiable figure. While it can be difficult to get out of paying it entirely the amount and duration are not set in stone. There are federal guidelines, but they act as a starting point.
There are also other solutions. For example you may be able to get your ex to accept one lump sum payment instead of forcing you into a monthly obligation. You may be able to lower spousal support by giving up a greater share of the assets. Reach out to your lawyer to help come up with some solutions.
It may also make you feel better to know that lifelong spousal support is very rare unless you are an older couple that has been married for decades. Most spousal support arrangements last for 6 months to 1 year for every year of marriage.
What should farmers know about divorce?
A divorce can threaten the family farm if it isn’t handled correctly. You’re in a situation where the family home and the family business are often co-mingled. Marital assets that might otherwise be divided are vital for the operation of the farm. The farmer makes variable income, making child support and spousal support issues all the more complex.
Fortunately, we are Saskatchewan’s farm divorce experts. We have the skills and expertise it takes to look at the unique facts of your case and your farm and craft solutions that are fair, equitable, and lead to the preservation of your family farm. You may not be able to count on the principle of non-marital property to save your inheritance, but you can count on our ability to craft solutions your ex will be able to accept.
We have helped hundreds of Saskatchewan farmers craft successful settlements. Let us help you as well.
How does common law divorce work in Saskatchewan?
You may end your common law marriage by living separate and apart for one year. Yet a common law marriage is still a marriage, and if you have children or assets to divide then you will need a formalized separation agreement to protect your rights.
A separation agreement can manage all of the same issues as a divorce decree. It will lock in child custody and child support, as well as visitation rights. It will help you decide who gets what property. If either spouse is eligible for spousal support it will set the spousal support amount.
Without a formal agreement you are relying on your spouse to hold to whatever both of you have agreed to. With a formal separation agreement you have an agreement that the courts will enforce. Think about it this way: if you’re working together so poorly that you can’t stay together, do you really want to rely on your spouse’s goodwill alone to protect your financial future or your relationship with your children?
What should Saskatchewan residents know about child custody, support, and visitation?
If you have children then the first thing you should know is your divorce settlement must include provisions for child support, and the amount paid must be, at a minimum, in line with federal child support guidelines. Otherwise the courts will not approve your settlement or grant the divorce decree.
You should also know that Saskatchewan courts favor shared custody arrangements where both parents get close to 50/50 access to their children. When this isn’t possible they favor joint custody arrangements with liberal amounts of parenting time. The only time a parent will get sole custody is in the event they can prove the other parent represents a danger to the child.
Finally, you should know that visitation is backed by court-order. Neither parent may simply decide that the other does not get their time with their children. Many people fail to realize this and create legal trouble for themselves later down the line.
Get Help With Your Swift Current, Saskatchewan Divorce Today
We have offices in Saskatoon, Regina, and Moose Jaw, but we help people throughout the province, including residents of Swift Current. We also serve other areas like Prince Albert, Lloydminster, North Battleford, Yorkton, Estevan, Warman, Weyburn, Martensville, and White City. Many of our lawyers have decades of family law experience and have even been published in prestigious family law journals, which means when you work with us you get all of the advantages that come with working with truly skilled professionals.
Schedule an appointment to go over the facts of your divorce case by calling (306) 359-7777 today.