How to protect your assets during a complicated divorce

Divorce can be an emotionally and financially draining process, particularly when it comes to the division of assets. In Ontario, the law aims to ensure a fair division, but “fair” doesn’t always mean equal. Knowing how to protect your assets during a complicated divorce requires an understanding of Ontario laws, strategic planning, and often, professional guidance from a skilled family lawyer and civil litigation lawyer in Toronto who understands how to navigate complex divisions of assets. 

Understanding Ontario’s Family Law

In Ontario, the division of property is governed by the Family Law Act. The act stipulates that the value of any property that was acquired during the marriage and still exists at separation must be divided equally between spouses. However, property that each spouse brought into the marriage is generally excluded from division if still in existence at the end of the marriage, although any increase in the value of this property is considered. It is crucial to understand these laws to effectively protect your assets during a divorce. Obtaining a legal consultation with a knowledgeable family lawyer should be your first step.

Guide to Hiring a Skilled Family Lawyer

The importance of hiring an experienced family lawyer cannot be overstated. A family lawyer not only understands the complexities of family law but also knows how to navigate through them to protect your interests. They can provide essential legal advice on the division of assets and ensure that your rights are upheld throughout the process. They are instrumental in negotiations and in the courtroom, should your case go to trial.

What Factors Cause a Complex Divorce

Several factors can complicate the divorce process, making it particularly challenging for both parties involved. One of the primary complexities arises from the division of substantial and diverse assets. High net-worth individuals often possess a variety of assets such as real estate, investment portfolios, and retirement accounts, which require careful valuation and negotiation to divide equitably. Additionally, shared business interests between spouses add another layer of difficulty. Determining the value of a business and deciding whether one spouse will buy out the other or if the business will be sold can lead to prolonged discussions and disputes. Prenuptial agreements and spousal agreements, while designed to simplify asset division in the event of a divorce, can themselves become points of contention. These agreements must be scrutinized to ensure they were entered into without coercion and with a full understanding by both parties; they may also be contested if circumstances have significantly changed since their execution. Each of these factors requires meticulous examination and strategic negotiation, often necessitating the involvement of specialized legal and financial professionals to ensure a fair and equitable resolution.

Here are some tips on how you and your division of assets lawyer can protect your property and finances during complex divorces.

Document Everything

Thorough documentation is your best defence against any disputes that arise over assets. Begin by inventorying all assets and liabilities linked to both you and your spouse. Include everything from real estate and investment accounts to retirement funds and personal belongings. Keep copies of all financial records, receipts, and any other documents that can substantiate your claims about the value of these assets or debts incurred.

Separate Non-Marital Assets

Assets acquired before marriage or through inheritance or gifts should be kept separate. This is crucial in asserting that these assets are not part of the marital estate. Make sure these assets remain in your name only and do not commingle these funds with marital assets, such as joint bank accounts. Your family lawyer can provide guidance on how to properly manage these assets during marriage to ensure they are protected in the event of divorce.

Understanding the Role of Civil Litigation Lawyers

While family lawyers specialize in divorce and related issues, civil litigation lawyers play a crucial role when other legal disputes related to asset protection arise. For example, if there’s a dispute over a property or business that involves third parties outside of the marriage, a civil litigation lawyer might be needed. They handle non-criminal lawsuits and can provide critical assistance in protecting your interests in these matters.

Get a Fair Valuation

Assets need to be valued fairly and accurately during a divorce. This may require hiring professional appraisers, accountants, or business valuators. A proper valuation can prevent your spouse from undervaluing assets they wish to retain or overvaluing assets left to you. Your family lawyer can help arrange for reliable professionals to conduct these valuations.

Consider Tax Implications

Divorce can have significant tax implications, affecting the net value of the assets you receive. Consult with a tax advisor or a family lawyer knowledgeable in tax matters to understand how to manage your assets in a tax-efficient manner. This can include timing the sale of joint assets, splitting retirement accounts, or transferring property titles.

Negotiate Wisely

Negotiation is a powerful tool in a divorce. Understanding what you legally deserve and what you want to achieve can help you negotiate more effectively. This is where your family lawyer is invaluable. They can help strategize the negotiations to ensure you receive a fair settlement, possibly avoiding the need for a prolonged court battle.

Use Mediation If Possible

Mediation can be a less adversarial and more cost-effective approach to resolving disputes during a divorce. It involves a neutral third party who helps both spouses find mutually agreeable solutions. Mediation can be especially useful in complicated divorces where emotions run high, and communication has broken down.

Prepare for the Long Term

Protecting your assets is not just about the immediate effects of the divorce but also about securing your financial future. This includes revisiting your will, updating beneficiaries on insurance policies and retirement accounts, and establishing any necessary trusts. Your family lawyer can assist in these areas to ensure that your assets are protected not only now but in the future as well.

Regular Legal Consultation

Regular legal consultation throughout the divorce process is vital. This ensures that you remain informed about your rights and responsibilities and can make timely decisions based on the latest legal advice. Your family lawyer will keep you updated on any changes in the law that might affect your case and provide guidance on ongoing issues.

Navigate Your Separation & Protect Your Assets

Navigating a complicated divorce in Ontario requires careful consideration of legal, financial, and emotional factors. By understanding Ontario family law, documenting everything, hiring the right professionals, and strategically negotiating, you can protect your assets effectively. Remember, while the support of a good family lawyer is indispensable, your proactive involvement in the process is equally crucial to achieving a favourable outcome.