Family lawyers provide advice for property and children’s matters before, during and after separation.
Property matters include things like splitting property, drafting binding financial agreements during, before or after a relationship (agreements before entering into a marriage or de facto are otherwise known as pre-nuptial agreements), splitting superannuation, bank accounts, pets, shares, companies and issues regarding spousal maintenance.
Children’s matters include who will have parental responsibility for the children- meaning who will make important life decisions for the children- such as where they attend school, their religion, their culture, their names, decisions surrounding their health care and where the children will live.
Family lawyers also help with issues regarding who the children live with and how and when the children can spend time with the other parent and other people important to the child’s life such as grandparents, aunts, uncles and step parents. You should check the expertise they have mentioned in their lawyer advertising.
How much does family legal advice cost?
The costs associated with family law advice can range greatly depending on your individual case.
If you are amicable with your ex-partner and have managed to come to some sort of agreement, your case might be a matter of just getting a lawyer to draft up your agreement into legally binding family court orders. If this is the case, your matter is likely to be under $5,000.
On the flipside, if you have a high conflict case in which you and the other party are extremely far apart in what you want out of it, then resolving your case is likely to take months to resolve and thousands of dollars if you wish to engage a lawyer for the whole matter.
It is therefore encouraged to work together with the other party and try to some kind of agreement together before taking your matter to court as this will save time, money, and help to preserve relationships.
What family matters should I get advice for?
Family lawyers can provide you with the advice you need for all of your questions surrounding your marriage or de facto relationship.
For any questions or concerns that you have regarding divorce, separation, children’s matters, and splitting property, a family lawyer from a leading firm like Boney Law Firm is the best person to see for help with this.
What can a family lawyer do for me?
A family lawyer’s job is to provide advice regarding:
- Separation- A family lawyer can help you to understand issues surrounding both de facto separation and separation of a married couple. Separation can include both physical separation and separation under the same roof.
- Divorce- A family lawyer can help you to understand the requirements of divorce and how to file for divorce.
- Time limits for sorting out your family law issue – A family lawyer inform you about the different time limits that apply for married couples and de facto couples to apply to the Family Court of WA.
- Child’s arrangements –A family lawyer can help you come to an agreement with the other parent about your children’s arrangements, including who will make important life decisions for the child (such as their health care, education, name, religion and culture and where they will live), who the child will live with, who the child should spend time with, adoption and questions about surrogacy.
- Property settlement- A family lawyer can help you understand how to go about splitting all of your assets and liabilities including properties, motor vehicles, household contents, splitting your superannuation, spousal maintenance and debts. They will also help you understand what a just and equitable split might look like.
- Pre-emptive property split- A family lawyer can also assist with preparing a binding financial agreement (BFA) for you and your partner before, during or after your relationship. A BFA before marriage is also known as a ‘pre-nup’ and is used to pre-emptively plan your property split in the event that you and your partner separate.
When is the best time to get legal advice?
It is highly recommended that you seek legal advice early on. This can help you understand the process and your legal rights and entitlements early on in the process— aiding you with the information and options that you need to come to an agreement with your ex-partner. The longer you wait to contact someone like these London family law experts, the lower your chances of winning becomes, and potential evidence may be discarded or damaged because you don’t understand its importance in the way your lawyer will.
If you have already commenced proceedings in family court, getting advice from a family lawyer can be extremely helpful in helping you and your ex-partner come to a favourable resolution and save you time and further money in the court system.
Do I have to get legal advice?
In most cases, it is not a strict requirement to hire a family lawyer; however, obtaining advice from one is highly recommended, particularly when navigating the complexities of family law. Family law can be challenging, and the nuances of each case mean that general advice or online resources may not be sufficient. That is where legal professionals, like the best Family Lawyers Melbourne, or similar ones elsewhere, can step in by offering personalized guidance, taking into account the specific details of your situation and helping you make informed decisions.
They can assist with drafting legally sound agreements, like parenting plans or property settlements, which may prevent disputes down the line. These experts may also provide insights on how to approach sensitive issues such as child custody, spousal maintenance, and asset division, ensuring that your interests are protected throughout the process.
One of the significant benefits of consulting with a family lawyer is their ability to cut through the misinformation that often circulates family law matters. It’s common for people to receive well-intentioned but incorrect advice from friends, family members, or even social media. This can lead to confusion and misunderstandings about your rights and obligations. A family lawyer can clarify these misconceptions in a clear and concise manner, providing you with an accurate understanding of the legal landscape. That is why it is wise to click here to consult with a family lawyer who can aid you with your case. This is not only about knowing your rights but also about understanding your responsibilities, which can greatly influence the outcomes of your case.
Moreover, family lawyers are skilled in negotiation and conflict resolution, which can be especially beneficial if you’re seeking to resolve matters amicably. In many cases, they can help facilitate mediation sessions or negotiations between you and your ex-partner, aiming to reach agreements that are fair and equitable for both parties. This approach can save you time, money, and the emotional toll of prolonged court battles. Additionally, a lawyer’s involvement can help maintain a level of professionalism and detachment, which is often difficult to achieve when emotions run high.
Getting legal advice early on can also be a strategic move, particularly when it comes to protecting your interests in complex situations. For example, if there are allegations of domestic violence, substance abuse, or concerns about the welfare of children involved, having a lawyer by your side can make a significant difference. They can advise you on the best course of action, represent you in court if necessary, and ensure that protective measures are put in place. Similarly, if your case involves international aspects, such as cross-border custody issues or overseas property, family lawyers with the appropriate expertise can provide the specialized guidance you need.
Another critical aspect to consider is that family law cases can have long-term implications, not just legally but also emotionally and financially. A lawyer’s expertise can help you understand the potential outcomes of your case, and they can offer strategies to mitigate risks. For instance, they can explain how different scenarios might affect your financial future, including the impact on shared debts, retirement funds, and investments. By planning ahead with professional guidance, you can make decisions that will benefit you and your family in the long run.
It’s also worth noting that while hiring a lawyer represents an upfront cost, it can often save you money in the long term by avoiding costly mistakes. Legal errors or oversights can lead to unfavorable court orders or agreements that are difficult to amend later on. A lawyer can help you navigate the legal system efficiently, avoiding common pitfalls and ensuring that all necessary documents and filings are handled correctly.
In conclusion, while it is not mandatory to have a family lawyer, obtaining legal advice is a wise decision that can provide clarity and peace of mind during what is often a stressful and emotional time. Whether it’s navigating the intricacies of child custody, understanding your entitlements, or negotiating a fair settlement, the guidance of an experienced lawyer can make a significant difference. Ultimately, the goal is to help you and your partner come to an amicable, fair, and just resolution with your ex-partner, allowing you both to move forward with confidence and security in your future arrangements.
Will I need any other lawyers in this process?
Whist a family lawyer will help you with your property and children’s matter, depending on your individual case, a different type of lawyer might also be helpful to you. We have a wide network of capable professionals who we can refer you onto. The following areas of law are commonly utilised alongside family law:
1. Wills and estates lawyer
If you are looking for advice about your estate after your pass away, a wills and estate lawyer can help you with information about this.
2. Criminal lawyer
It is common for people to use Family Violence Restraining Orders (FVROs) during the family law process. If one has been taken out against you, getting advice from a criminal lawyer can help you with your options regarding the FVRO and how to challenge it if appropriate.
3. Migration lawyer
A migration lawyer can help if you are having issues with your visa and its connection to your relationship with your ex-partner.
4. Property lawyer
A property could be useful if you have questions in regard to your caveat or property.