Family matters and law can often become intertwined, and unlike most other forms of law, there is usually a high level of emotion attached to the issue. Emotions can run high when dealing with things like child custody and property agreements, and a family lawyer is highly skilled at diffusing the situation and keeping all parties focused on reaching a mutually beneficial conclusion. Here are a few scenarios where a family lawyer would be the person to consult.
- Prenuptial Agreements – Known as a “prenup”, this is a declaration of each party’s assets prior to a union, with the listed assets not to be included in any joint marital assets that might be accrued in the future. If you live in Australia, and would like a prenup drawn up, contact http://www.cgfamilylaw.com.au/, who can advise you accordingly. If, for example, a person inherited a large estate a few years ago, they would not want this to be included in any joint assets that the union generates, and in effect, the prenup would protect the said assets, should the relationship ever terminate.
- Child Custody Issues – A divorce can be a very stressful time for both parties, and if there are children involved, it takes it to a whole new level. Often, a judge will have to decide child custody and visitation rights, and even after this has been decided, one parent might not cooperate and allow their partner access to their children. In this case, it pays to seek expert advice as soon as possible, and a family lawyer is the person to contact. It might be that one parent has not returned the children as agreed, and attempts to locate them prove fruitless, and this is when you should approach a family lawyer, who can explain the legal steps one can take to locate your children and resume visitations. An ex-partner might try to take the children to live in another state, so it is important to notify a family lawyer as soon as this becomes apparent, as there are laws to prevent this from happening without your consent.
- Property Settlement – A husband and wife have lived together in the family home for several years, and when a divorce is looming, both parties must think about the division of the marital assets, which would include the family home. One party might insist on living in that home, and also refuses to pay their ex-partner their share of the value, and in that case, you would need to seek legal counsel. If mediation is unsuccessful, the case would eventually be presented to a judge, who, after evaluating everything, would make a judgement, which might result in the house being auctioned and the funds evenly split between both parties.
- Mediation – There are a number of reasons why you might require mediation services from a family lawyer, and in many cases, this avoids legal action, and works out much cheaper than fighting it in court. The judges are very busy with much more important cases, so if a court appearance can be avoided by mediation, it is better for all concerned.
Family law is very complex and one should always seek out the help of an experienced family legal expert, as they would be familiar with both the law and the process.