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What Every Family Lawyer Brampton Thinks of Remarriage Consequences
1. What Every Family Lawyer Brampton Thinks of
Remarriage Consequences
Remarriage after a divorce is a usual concept. There are numerous family lawyers
Brampton who encountered people preparing for remarriage soon after their divorce. In
legal terms, the remarriage is consider as second or third or fourth marriage. According
to divorce lawyer Brampton, remarriage leads to various issues related to custody,
alimony and so on depending on the laws of your province.
Rules for Remarriage Differs Provincially
Some states have quite flexible rules for remarriage. On the contrary, some states want
you to wait for a certain period of time before planning to tie the knot again. There are
certain deadlines pre-defined by the states to appeal for divorce. You won't be allowed to
remarry if your ex fails to appeal within the time limit. If you are divorced with
settlement agreement you are exempted from these waitings.
2. Remarriage Ends Alimony Payments
Alimony is the amount paid by the ex-spouse to his partner after divorce. The gross
income of the spouse is calculated to determine the alimony. The spouse is entitled to
pay the alimony only if the spouse is single. This alimony deal ends, the time you
remarry. In exceptions, where you have settlement agreements, you might have to pay
alimony for certain period of time depending upon local laws.
Remarriage Affects Custody Agreements
In some cases, remarriage affects the custody agreement especially when the parents
having child custody remarriage. In most of the cases, children don't have good
relationship with their step-parent or in some rare cases step-parent is abusive or
physically harms the children. In order to protect the children, the court generally shifts
the custody to the other parent. Non-custodian parents don't face such issues but there
might be some changes in the visitation.
Remarriage Affecting Children's Inheritance
In every state laws are formed to protect the inheritance of current spouse. During the
divorce, usually one spouse eliminates the other from the will, the spouse need to accept
the percentage of estate provided to him/her. In such case, the court divides the property
safeguarding the interests of both the parties. Children from previous marriage get less
3. percentage of share in most cases.
Premarital Agreements Can Overturn the Law
Most of the states recognize premarital or prenuptial agreements. After
remarrying, the spouse can take advantage from these pre-defined agreements by
overriding the state law. The probate law allowing current spouse to have property
share from the deceased spouse can be overridden. These agreements can state that
the property obtained before marriage or acquired from previous spouse isn't
separable.
Kalialaw is the leading Brampton legal firm offering effective legal guidance and
support. Our team of expert lawyers can skillfully handle multiple remarriage
cases. Call us now to get personalized legal services.