Divorce Lawyer explains Duration of Maintenance
It is possible to save thousands with a diy divorce but matters such as maintenance will have to be agreed beforehand. Because of the divorce procedure it is often better to consult a divorce attorney to help you finalize this side of matters. A divorce settlement agreement can then be entered into and with the help of Divorce Forms you can then go to the divorce court yourself and finalize the do it yourself aspect. Child Support is another matter worth talking to your divorce lawyers about.
The Divorce Act imposes no restrictions in respect of the duration of maintenance agreements which are made orders of court. Such orders may be either unconditional or for a fixed period. Our courts also give effect to agreements which provide that maintenance is to continue to be paid until the death or remarriage of the maintenance creditor or which provide such maintenance must continue to be paid out of the estate of the maintenance debtor should his death precede the death or remarriage of the maintenance creditor. Where an order is made for the payment of maintenance is made in the absence of an agreement, payment can be ordered for any period until the death or remarriage of the maintenance creditor. But the court cannot grant an order for the payment of maintenance which survives the maintenance debtor and which binds his estate. It is possible for the parties to agree that maintenance will continue after the remarriage of the maintenance creditor. However, without such agreement the courts cannot make the order.
If you need more information please contact Divorce Forms and one of our panel of Attorneys will phone you.
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