A lot of people, especially when facing a divorce or custody issues, will wonder if they need a family lawyer. It’s an important question to ponder, and usually the answer is yes. That’s because issues related to marriage or children tend to be huge, life-changing decisions and so it is very important to get proper legal advice from an experienced family lawyer.
Even if you think your issue is a small one, it’s a good idea to at least consult with a family lawyer. They aren’t just reserved for the rich! Everyone can benefit from some legal advice when it comes to delicate personal issues. Getting the right advice can change things in a big way for you in terms of your future and finances.
It’s always important to make an informed decision and so here are some of the situations where you likely need a family lawyer.
Do you need a family lawyer?
Consent orders
If you’re in a situation where you have separated from your partner and you need to split up your assets then it’s important that any agreements you make are written down and agreed to clearly and unambiguously.
If you don’t get consent orders in place then you could end up in court many years down the road arguing about assets. If this happens the court would make decisions based on the assets you have now, which could have an adverse impact on you. When it comes to consent orders, it’s a really good idea to get advice from a family lawyer.
You want to make sure that all the documentation is done correctly and formally agreed to. A good legal representative will be able to provide you with the advice you need to make the right decision for you.
Relocating with children
If you share children with an ex-partner and you want to separate then you’ll likely want to consult with a family lawyer. Parents who relocate without getting proper consent from their ex-partner could end up in court and be forced to relocate back to their home.
When it comes to relocation the court will need to weigh up considerations around whether or not it’s in the best interests of the children and determine whether it should proceed. Many men won’t pursue it when the mother of their child relocates because they don’t understand their rights.
A lot of people won’t visit a family lawyer until after the relocation has already happened. This is a mistake as the court’s will sometimes find that the children have become established in their new environment and prefer to not uproot them if they can avoid it.
A lot of the time after a relationship breakdown people will give up control over a large portion of their assets. Some people will even hide assets. If you’re separating and you have assets to be divided then it’s a good idea to seek advice from a family lawyer.
De Facto relationships
Some people in de facto relationships believe that they don’t have the same rights as those in a marriage but truthfully it is very much the same after a 2-year period. If you’re in a de facto relationship and breaking up then you should seek advice.
No fault divorce
Some people think that ‘fault’ matters in a divorce or separation but our courts work on the basis of the ‘no fault’ principle and won’t distribute assets based on who is or isn’t at fault in a divorce.
These are just a few of the occasions when you might need to seek out legal counsel, but there are many other times when you should get advice.