Things to know about hiring family lawyers

When it comes to the legal questions that are raised by a divorce (child custody, property settlement etc.) the main expert to deal with these matters is known as a family lawyer. Their job is to help people navigate the complex legal systems that determine how a marital relationship is to end in the eyes of the law.

The following will look at some things you should know about hiring family lawyers.

Getting a divorce

Family lawyers are helpful during the process of actually getting a divorce (known as filing for divorce). This involves making a declaration to the courts that you and your spouse want to end your partnership under the eyes of the law and cease all entitlements that partnership came with.

To get a divorce, you and your spouse must satisfy a number of conditions that prove that the relationship is truly over. Because of the messy legal problems and trauma to children, the court system puts as many barriers in place as possible to stop an unnecessary divorce taking place. This means that, if there is any reasonable chance the relationship can be salvaged, this chance should be taken for the sake of the children.

Out of court settlements

One of the best uses of family lawyers is when they are able to help disputing exes reach a compromise via an outside of court negotiation. This means that both parties discuss and make arrangements for issues like child custody and property settlement in a non-adversarial context.

The court system prefers that people sort out their differences outside of a courtroom because it means that they won’t have to waste the courts time and resources on a lengthy trial. An out of court settlement also leads to fairer outcomes as both sides get to have their say and mutually agree rather than have a judge rule in one side’s favour. This means that the agreements reached in these talks are much longer lasting that those mandated by a judge because every party feels like they had a say in it.

Family lawyers can assist their clients with this negotiation process by advising them or even speaking on their behalf. It is important that your solicitor understand your needs and what your limits are so that they can get a good deal for you.

Best interests of the child

Best interests of the child mean that the family lawyers will put emphasis on making sure whatever arrangements are negotiated are done so with the children first in mind. This means that the best possible arrangement for the children must be chosen over anything else and this is usually easy to do since both parents love their kids and wants what is best for them, even if they disagree on the details.

In a courtroom setting, the best interests of the child is the standard by which the presiding judge will determine how arrangements are to be made. Disputing parents are expected to respect a judge’s ruling when it has been made with the best interests of the child in mind and your family lawyer would recommend you do this too.

In conclusion, the best thing that family lawyers can do for you is help you avoid a costly court battle with your ex so that you can move on with the rest of your life.

Mike Smith
Mike Smith
Executive Editor at Best in Australia. Mike has spent over a decade covering news related to business leaders and entrepreneurs around Australia and across the world. You can contact Mike here.
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