Divorce lawyers are valuable partners when you have a legal matter affecting your marriage. Most family issues are settled through out-of-court settlements. Below is an extract detailing some of the contracts that divorce lawyers consider as they finalise your union.
Prenuptial Agreements
Prenuptial agreements help prevent financial conflict and mistrust among couples who wish to marry. Ideally, these contracts help protect property acquired before marriage and prevent a spouse from bearing financial liability for loans incurred by their partner before the marriage. The prenup also allows couples to divide marital property. For instance, they could prescribe a viable formula for dividing marital assets. For example, a percentage could go towards their child's welfare while they could split the rest among themselves. Your divorce lawyer may not have been present as you draft the prenuptial agreement. However, they assess the legality of the contract before its execution. For example, they inquire if you were coerced into signing the contract or whether you received independent legal advice. Moreover, they assess the viability of nullifying the contract if it does not suit your needs.
Parenting Arrangements
A parenting arrangement is a contract between parents detailing how they will raise their kids. It contains the following:
If you wish to formalise your parental arrangement, your divorce lawyer files it at the Family Court, making it a consent order. Therefore, you risk legal action if you disregard the conditions of the agreement.
Financial Agreements
Financial agreements determine how a divorced couple should share their marital wealth. Ideally, the contract helps prevent prolonged financial battles after the divorce. For instance, the couple could sell some of their property to settle debts incurred during the marriage. Moreover, the parties could determine the alimony to which a financially disadvantaged spouse is entitled. A financial agreement becomes binding if the parties who sign it are in a legally-recognised union and are of sound mind. Moreover, both parties must receive independent legal advice before signing the contract.
Speak to a lawyer at a firm like Peter J Griffin & Co to learn more.
Share25 January 2023
I work as a counsellor for couples going through a divorce. Obviously this is an emotional time and it is often a miracle that I manage to coax the former partners into the same room. There are two themes which occur regularly in my work. The first is that my clients often confess to throwing plates at each other. The second is the amount of money the divorce is costing because they cannot come to an agreement. Over the years, I have learnt that satisfied divorcees spend more time getting legal advice and making sound financial decisions than throwing crockery. In the course of my work, I have gained a considerable understanding of legal issues related to divorce. I share this blog in the hope that this knowledge will help you make sound decisions that lead to future happiness. I wish you all the best.