Why Do Families Need a Lawyer? 6 Interesting Facts You Need to Know
There are various reasons why a family or a couple might need a lawyer. Today, we will look at some of these reasons, with a focus on separating couples. Below are six interesting facts about dealing with legal issues during and after a separation. From child custody and maintenance to spouse maintenance, property settlements, and the division of assets, there are various complicated processes that a family lawyer can make simpler. So, if any of the issues outlined in this brief guide are relevant to you, call a trusted and well-reputed family lawyer today to discuss your next steps and protect your rights.
1. Separated Couples with Children Need a Lawyer
After the separation or divorce of a couple with children, one of the first and most pressing conversations that need to be had is the issue of child custody. An experienced Brisbane family lawyer will be able to provide you with top-quality advice based on the Family Law Act. Your family lawyer is always going to be on your side and try to fight for a result that you are happy with.
Your expert lawyer will understand the terminology and etiquette of child custody cases. This knowledge will provide you with the best shot of being successful. Remember, children have the right to be properly looked after and protected. You will have the best chance of winning in court if you can prove that you can protect your child from harm. This will be a main factor in your lawyer’s argument for custody of your child or children.
2. Separated Couples without Children Need a Lawyer
Even if you are a couple without children, separating or divorcing can be a very complex and difficult time. A family lawyer can help to make the process a little easier and take some of the pressure off you by taking the wheel.
There are several reasons why you might choose to file for divorce from your partner, such as growing apart, infidelity, money, abuse, or bickering. On top of these reasons, to obtain a divorce you need to prove that you have been separated for at least 12 months before you can apply for divorce. On the other hand, if your partner files for divorce and you oppose it, a family lawyer can help you here too.
3. Family Lawyers Can Establish Child Support
When divorcing a partner with whom you have children under 18 years old, you need to sort out the financial implications for child support. A family lawyer will help you to establish a child support plan so that your children are provided for following your separation. There will be a payer parent and a payee parent, depending on who has more financial means and who is the primary carer of the children.
The amount of child support is determined based on both parents’ taxable income, percentage of care, and the cost of children. Sometimes, child support is paid in periodic installments, but other times it is in non-periodic installments to cover things like school fees. Alternatively, a lump sum can be paid, but this is not common.
There is also adult child maintenance, which is financial aid for children over the age of 18. This can be court-ordered to help a child pay to complete their education or if your child has a disability that means they require continued financial aid into adulthood.
4. You May Owe Your Ex-Spouse Maintenance
As well as child maintenance, there is also spouse maintenance, which is financial support paid to a former spouse or de facto partner if there is a significant difference between your incomes. A great family lawyer can make the process of separating from your partner less painful and fairer by sorting out your spouse’s maintenance for you.
The amount of spouse maintenance ordered by a court of law will depend upon several key factors. For instance, your ability to work, your assets and financial resources, your age and health, and whether or not the marriage has affected your ability to earn an income.
5. Domestic Violence can Affect Property Settlement
There are several factors that can contribute to your property settlement, such as both parties’ financial contributions, the length of your relationship, and who cares for the children. However, on top of those considerations, a court of law will also want to know if there has been any domestic violence in the relationship.
This is relevant as an argument can be made that the violence in the relationship limited the victim partner’s ability to contribute to the relationship or the acquisition and conservation of the property. Victims of domestic violence can therefore be awarded a greater part of the property settlement.
6. How to Divide Your Assets
Lastly, a family lawyer can help you to split your superannuation and other assets. This process can be complex and stressful if you attempt it without legal help, so it is advisable to use the support of a legal professional.
A lawyer will help you to split your superannuation and other assets based on your settlement agreement and financial positions. You should get your superannuation valued before you split it. If you cannot agree with your partner about the value of your superannuation, a court will decide for you. Bear in mind that if a super fund has less than $5000, it cannot be split.
That concludes our list of six interesting facts about why families or couples might need a family lawyer. We have discussed various issues, from child custody and maintenance to spouse maintenance, domestic violence and property settlement, and the division of assets. Now, you should have a much clearer idea of what a family lawyer can do for you and whether or not you need one. If any of the issues discussed here affect you, call a family lawyer to see how they can help you. Just remember to choose a well-reputed lawyer with a lot of experience and a personable manner, as this person can make all the difference in your life. Good luck.