Wills, Divorce, And Guardianship - Make Sure You're Protected

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Divorce can change a lot of things, in addition to your will. Because of this, it is advisable to produce a brand new will following your divorce. When you create your brand new will, you will need to visit a lawyer who is experienced within creating will for people who are divorced. This is because any mistakes in your will can create issues and may mean pricey court battles for those people who are left behind.

In certain situations, it may be essential to name a guardian for your kids in case of your passing away. You can name a guardian even when your ex spouse is nevertheless alive. While it is not essential to name a guardian of your kids, it might be necessary in some circumstances. For instance, if your ex has a challenge with drugs or alcohol, or simply can't take care of your kids, you might need to name a guardian.

In such instances, the court will consider many factors before awarding custody of the minor kids. These factors include, however are not limited to:

  • The desires of the children. This is especially true in the event that they may be teens. The court may desire to understand who they would like to live with and why they want to live with that individual.

  • Who is actually best able to meet up with the needs of the children. The court may consider the individual you might have named as a guardian along with your ex-spouse for this particular determination. The court may well consider such things as salary along with the size of the home along with other components. In the event that your ex spouse travels often and is away for his job, a legal court may look more favorably on a guardian who has a 9 to 5 job locally.

  • Stability is actually very important. If your ex is regularly losing jobs simply because of different issues, the court may not look positively on that. Alternatively, in the event that the guardian you have named has already been working the same job for several years, this will be taken into consideration. The court may furthermore have issues with somebody that moves constantly also. Generally, the courts view stability as a key element in determining custody.

  • The kid's relationship together with the guardian. If the children are very close to the guardian, this is very important. In the event that you decide on a guardian that the children do not know well, the court may well view that quite negatively. In such a case, it might seem that you might be vindictive and trying to deny your ex custody for personal reasons.

It may be very challenging and pricey to prove to the court that the other parent is actually unfit to have custody of her or his very own children. However, there are other reasons why you may want to name a guardian for your kids in your will. For example, you and your ex spouse may pass away just before your children turn out to be legal adults. In this respect, naming a guardian for your children can supply some reassurance for you.


Mike Henley is an associate within the corporate commercial group together with Miller Thomson LLP. If you have to employ the service of a lawyer within Guelph, Mike is actually professional, personable to deal with, thorough, and is backed by a highly sought-after as well as reliable firm, so that you are able to make sure the needs you have are well looked after. Click here to find out more.

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