Are you wondering if you need a lawyer to defend you in court? I'm here to tell you that you do. People with legal representation get much better deals when they have their day in court - and you won't get a second chance if you don't get it right the first time. If you are feeling uncertain about representing yourself, on whether you need a lawyer or the best way to choose a lawyer my site has all the useful information and links you could need. Make sure you put you best foot forward when you are having your day in court.
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Asset distribution is often a highly contentious subject when two people separate. The two individuals may rarely see eye to eye, especially if considerable sums of money are involved. So, if you're unfortunate to be facing a separation like this, you'll want to know what rules apply and how they may affect your claim for part of the pot. What do you need to know?
Open to Interpretation
While there are many separate regulations and a considerable amount of case histories as well, there are no automatic assumptions. It is often up to the judge in question to determine the outcome based on the specific information provided and their overall assessment of the situation.
Pursuing Equity
In an ideal world, asset distribution should be equitable. A judge will typically want to ensure that both parties are comfortable and are not badly off following the distribution. This general principle may affect what assets are available and, indeed, when they were received. It is far from unusual for assets that were individually received post-separation to be included in the 'pot.' While one party may think that this is unfair as they had already agreed to go their separate ways, the judge will nevertheless look at the entire situation.
One Example
Take a situation where the total asset pool at the moment of separation was not very significant. While one party had the capability to move forward independently from a financial perspective, the other may not have been so lucky. If the more established partner were to receive a windfall of some kind post-separation, a judge might consider this to be a part of the asset pool. They may decide to allocate some of this funding to the other partner due to the lack of available funding otherwise — and the general vulnerability of that individual.
Defining Roles
More often than not, a judge will also consider each party's role in the relationship from both a financial and non-financial point of view. Again, this may affect how much of the total pool is allocated to each person, making it subject to the determination of the bench.
Expert Guidance
To give yourself the best chance of success when it comes to this type of negotiation, it's always a good idea to secure the services of a divorce lawyer. With prior experience, they will know how to put forward the strongest case and may also refer to previous case law if it would be beneficial for you.
Reach out to a divorce lawyer for more information.
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