Most people forego the services of family lawyers because they do not know when to engage these professionals. It is especially so since most family matters involve negotiations and do not lead to criminal proceedings or jail time. Below is an excerpt detailing some scenarios that compel you to hire a family lawyer.
When Drafting Prenuptial Contracts
Movies and reality TV shows may influence many couples to approach prenuptial agreements casually. However, Australia has specific regulations detailing the drafting and execution of prenuptial contracts. Typically, prenups are binding financial agreements. Therefore, you cannot use the agreement to control your spouse's behaviour or punish them for promiscuity. A family lawyer explains the requirements that each party must meet to ensure the contract is legally binding. For instance, each party must be of sound mind and legal age.
Moreover, neither spouse should coerce the other into signing the contract. Both parties must receive independent legal advice before signing the agreement. Your family lawyer also explains the long-term implications of the contract. For instance, you must renegotiate and amend the clauses if they no longer reflect your financial situation.
When Divorcing Your Spouse
The Family Court allows couples to file for a divorce order. However, several circumstances could compel you to hire a family lawyer. For instance, if your spouse is unwilling to file a joint divorce application, you need a lawyer to conduct the process service. Suppose you have kids; in that case, the Family Court expects you to prove how you intend to take care of the kids. Disagreements are likely to brew since each party wants to spend more time with the kids. Moreover, you could have disputes over child support payments. The best approach would be to let your family lawyer handle these negotiations. The professional also helps you draft financial agreements to divide the marital property.
When Protecting Your Children
Sometimes, you might be convinced that your spouse endangers your child's life. For example, they could be convicted of assault or sexual abuse. This could compel you to seek sole parenting orders from the Family Court. Your family lawyer should help you with this issue. The professional will conduct investigations since they bear the burden of proof. Moreover, they structure compelling arguments to ensure the court rules in your favour. For example, they could bring in witnesses or ask the court to allow your child to testify.
Contact a lawyer for more information.