Many people are reluctant to share their personal issues with others. However, it's best to have a shoulder to lean on when making decisions regarding your wellbeing and that of your family. There are many reasons you should hire a family lawyer to handle your family-related issues. These include divorce matters, child custody and prenuptial agreements. Here's a look at these issues in greater detail.
Divorce Matters
In Australia, divorce is granted if a couple has irreconcilable differences. This could range from issues related to the promiscuity of one of the spouses to domestic violence. A family lawyer can help you finalise your divorce in the shortest time possible.
Your lawyer will undertake the duty of handling the divorce papers to your spouse. They will also file the divorce papers in court and handle all court-related proceedings. In the end, your lawyer will ensure you get the most favourable judgment in terms of division of property, child support, and spousal maintenance.
Child Custody
In Australia, the law supports equal parenting by divorced couples. The law requires that the children of separated couples have a meaningful relationship with both their parents. Therefore, the court will most likely rule in favour of shared parental custody and responsibility.
However, if you're not satisfied with the court's ruling, a family lawyer can help you get sole custody. Some of the conditions under which you may be able to get sole child custody are if your ex-partner isn't mentally stable, has a tendency of domestic violence, abuses substances or has reckless behaviour around the child.
Prenuptial Agreements
A family lawyer will not offer you advice and help only when things go wrong in your family. They will advise you on how to secure yourself against a future divorce or separation that puts your assets in jeopardy. Furthermore, you might want to secure the future of your child through child support provisions and other conditions in the prenuptial.
In this case, you can go to a lawyer for advice and assistance with a prenuptial agreement. The main benefits of prenuptial agreements are certainty and tax benefits. Your lawyer will help merge your interest with those of your partner to come up with a reasonable prenuptial contract. This contract will detail how assets and other responsibilities will be split in case of a divorce.
Additionally, your solicitor will ensure you get tax benefits by agreeing to a binding financial agreement (BFA). This means in case of a prenuptial; you stand to gain significant savings on capital gains tax, among other benefits.
