Wills, Estate Planning, and Other Considerations for Your Calgary Divorce
July 15, 2016
Divorces in Calgary are often complex legal undertakings, with numerous considerations that can impact spousal support payments, child custody arrangements, property ownership, and more. Your new start in life can be significantly impacted by the specifics of your divorce agreement; there's little wonder that the process of getting a divorce is consistently listed as one of the most stressful events experienced.
An experienced and professional Calgary divorce lawyer can help alleviate a great deal of stress, helping you make effective decisions and taking care of many of the details and much of the paperwork involved in a divorce. Perhaps most importantly, an experienced divorce lawyer will be able to provide you with answers to questions you didn't even know you should be asking, and can remind you of other issues not directly related to the divorce process that might require your attention during and following a divorce.
Among these are issues such as estate planning, wills, and otherwise reviewing and revising your legal documents so that your financial affairs are in order and any children you have will be provided for according to your wishes should anything happen. These details are frequently overlooked during the divorce process, and can lead to significant problems and additional stress and frustration down the road—they are best taken care of during a divorce or as soon as a divorce is finalized, both because it provides better protection to you and your loved ones and because it prevents your divorce form causing ongoing legal headaches.
How a Calgary Divorce Affects End-of-Life Planning
Most married couples in Calgary intend to leave their assets and property to each other when one spouse outlives the other. In the absence of a will and/or other estate planning documents, the surviving spouse tends to automatically inherit any property and assets that were owned by the deceased spouse, and assumes full interest in property/assets owned by the couple (this may not be the case in instances where the deceased spouse had children from a previous relationship, or adult children within the marriage, and can also be challenged for other specific reasons).
In a divorce that does not involve any children or spousal support payments, the separation is complete from a legal and financial standpoint, and estate planning considerations are not made anymore complex by a divorce. As long as you do not have a will in place specifically naming your ex-spouse as a beneficiary, the Calgary Courts will not consider them as such, If, however, you and your ex-spouse have children together and/or you owe or due child/spousal support payments, putting an appropriate will in place at the time of your divorce is important when it comes to protecting your rights, your assets, and your next of kin. If you have a will created during your marriage, it will like also need to be changed following your divorce whether or not there are any children or ongoing payments involved.
Discuss Your Divorce With a Calgary Divorce Lawyer Today
If you have questions regarding estate planning or any other aspect of your Calgary divorce, please contact an experienced Calgary divorce lawyer today to get the personal answers you deserve.
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