What You Need to Do After Your Separation or Divorce to Make Sure Your Family Law Rights are Protected!

What You Need to Do After Your Separation or Divorce to Make Sure Your Family Law Rights are Protected!

Believe it or not, your separation or divorce is not fully completed after you get a final court settlement or signed separation agreement.

You must finish a number of tasks to protect your family law rights even when you have a final agreement or signed separation agreement.

Hi, my name is Thomas O’Malley.  I’m an experienced family lawyer in Durham Region and the GTA.

You should the following important tasks done very soon after you have a final settlement in your separation or divorce:

1.   Get a Copy of Your Final Court Settlement or Signed Separation Agreement

Make sure your family lawyer gives you a copy of your final court settlement or fully signed separation agreement for your records.

You always refer to your final settlement or separation agreement if any legal issues arise with your former spouse in the future.

2.  Transfer Real Estate Ownership

In many cases, one spouse will transfer their interest in the matrimonial home to the other spouse as part of the final settlement of their family law issues.

In this situation, you and your former spouse must each meet with a real estate lawyer to sign the appropriate real estate documents to transfer title of your home from one spouse or both spouses to the other spouse in their name alone.

 3.    Remove Your Spouse’s Name From All Joint Bank Accounts and Credit Cards

You must make sure you have your spouse’s name removed from all joint bank accounts so that your spouse is no longer withdrawing any funds from a joint bank account or using the overdraft protection.

Make sure you have your own individual bank accounts.  You should actually do this immediately when you know you are getting separated or divorced.

Remove your spouse from any credit cards that you were both using and make sure you have your own credit card that only you can use.

4.   Change Your Will

You need to make a new will so that your spouse is removed as a beneficiary. 

Most spouses obviously do not want their former spouse to inherit their property and assets after they have separated or divorced.

A new will revokes your previous will.

5.   Your Spouse’s Yearly Income Tax Return and Notice of Assessment

If you are paying or receiving child support or spousal support, make sure you are getting your former spouse’s annual income tax return and Notice of Assessment.

Your final settlement or separation agreement normally requires both spouses to exchange this information on an annual basis when a spouse is paying or receiving any type of support.

You need this information to determine whether any child support or spousal support should be increased or decreased.  Child support is can be changed each year if the payor parent has a change in their annual income. 

Spousal support is more difficult to change.  Speak to your family lawyer about any potential changes to spousal support.

6.   Make Sure the Correct Beneficiary Designations Are in Place

If you have to pay child support or spousal support, you will often have to name your spouse or children as beneficiaries on your life insurance policies as a substitute for support if you pass away while you still have a support obligation.

If you are receiving child support or spousal support from your former spouse, you are entitled to receive annual proof that your former spouse has maintained you and your children as beneficiaries on their life insurance policies. 

Make sure you get proof or confirmation on an annual basis that the proper life insurance designations are in place.

7.    Transfer Ownership of Vehicles and Change Car Insurance

If a spouse is required to transfer ownership of a vehicle according to the terms of the final agreement or signed separation agreement, make sure this gets done as well.

Make sure you spend some time with your family lawyer discussing these important issues in your separation or divorce.

If you have any questions about your separation, divorce or family law case and you would like our help, there’s a few ways to contact our office.  You can leave a message on my Facebook law office page, visit my website at www.canadiandivorcelegaladvice.com, or call me directly at 905-434-8837.  We would be happy to speak to you.

Oh, by the way, did you know you can protect your family law rights and get essential information on settling your family law issues with your former spouse with the daily indispensable family law advice and tips at my FREE Facebook group? 

Click here to find out more: Durham Region Separation and Divorce Legal Support Group  

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