When a marriage ends, the conjugal partnership or absolute community of property by the couple also ends. This means that there is a necessity to divide or separate all their properties depending on the existence of certain documents. For example, if there has been a pre-nuptial agreement between them, the said instrument can be a guide on how to go about the division of their properties. In the absence of the said contract, the properties may be divided based on the agreement of the parties. When the spouses cannot come into an agreement on how to go about the separation of their properties, the next thing that can be done is to seek the aid of the courts.

One class of the assets owned by a married couple that is hard to divide is the group of personal properties. Most of the time, the spouses do not properly account for these properties especially when they don’t see the divorce coming. Now that their marriage has finally come to an end, they already need to reveal all the personal properties in their possession in order to determine how to go about its division, as well as whether selling them is an option or not.

 

If you are involved in a case where there is a need to separate the conjugal properties that you and your ex acquired during the subsistence of your marriage, then it may be necessary to hire the services of an appraiser. A professional appraiser can help you give a reasonable valuation to your personal properties. As an effect, you will be able to sell the said assets, not at a loss, but at a gain. All you need to do is to look for a firm that is composed of highly effective and competent appraisers. Make sure that you only engage to those who can be trusted.
To make a better judgment, you can always ask the advice or assistance of your legal counsel who is representing you in the divorce case. At the same time, you can also mutually agree with your ex on how you can go about the selection process of the appraiser. Moreover, the opinions and recommendations of your friends may also come in handy during this time. Ask their suggestions if they have worked with credible appraisers in the past. This way, there is a guarantee that you will be able to select the right appraiser for your personal properties.

When it comes to deciding a particular case involving the rights and interests of the children, there is a need to take into consideration a lot of facts and circumstances. These factors will affect the way the judge will decide on cases such as those concerning child custody and child support.

Best Interests of the Child

In our jurisdiction, one of the most common principles applied is “best interests of the child” rule. Under this doctrine, the judge will issue an order or resolution that would best promote the rights and interests of the children involved. For example, if the case concerns child custody, the judge must come up with a decision that will offer the most benefits to the children involved. The custody award must be given to the parent who is more capable of promoting the best interests of the kids.

Modification of Order

Even after the judge has already issued an order, resolution or decision pertaining to a case with custody or support dispute, the same may still be modified upon showing that there is a change in the situation of the parents and circumstances of each case. In ruling with respect to the modification, the “best interests of the child” rule will still be made applicable. In order to modify a child custody or child support order, the proper party must file a motion for modification with the proper court.

What Are The Evidence Admissible?

To support the claims of each party in court litigation, he or she must present admissible evidence which includes testimonial, object or documentary proofs. If you are fighting for your child’s custody or support, then you should work with your lawyer in securing the best evidence that can help your case. For example, you can ask some friends, relatives and professionals who can testify regarding your relationship with the children. These testimonies may help the judge decide whether you have been successful in providing for the welfare of the kids involved.

Make sure that you and your lawyer are prepared in filing the child custody case or defending a child support case. There is a need for both of you to have a working knowledge on the “best interests of the child” principle. All your actions must be geared towards the promotion and protection of your children’s rights and interests. You must be able to convince the judge that the rule should be applied in your favor.

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