Advice Monkey Advice for Young Professionals

Family law: guidance for marriage and divorce

divorce agreement couple thinking

Professional Advice for Marriage Issues and Potential Divorce.

It is a reality of life that you need to protect your personal interests even within the security of a loving relationship. Whether contemplating the joyful union of marriage or the heartbreak of its ending, there are other practical matters pertaining to your long term welfare that need to be considered. With emotions running high and stress clouding your judgement, it helps to consult a family lawyer who can provide objective and realistic advice with regard to your situation at any of the following stages:

Before: No one likes to think of separation when a relationship has just begun. However, life is never static and people and circumstances can change.  Entering a Binding Financial Agreement (BFA) can give you peace of mind regarding your future and allow you to better enjoy your present happiness.

A BFA is an agreement between the couple that sets out how property and finances will be dealt with should there be a breakdown and can be entered into at any stage. When drafted before a marriage or de facto relationship, it is commonly referred to as a ‘pre-nuptial agreement’. Having a BFA is particularly important if your assets are greater than your partner’s, you have been married previously or have children from a previous marriage.

The greatest advantage of Binding Financial Agreements is that they exclude the necessity to approach the Family Law Courts since the agreement regarding division of assets is already in place should things go wrong. While giving individuals maximum flexibility and control over their financial futures, a BFA avoids the potential costs, delays and uncertainties that may arise during and after separation.

During: Often, circumstances change during a relationship where one partner may acquire more assets or one partner is solely responsible for the care of the children and home. Again, while a busy family life may take away the desire for contemplating legalities, doing so can protect the future happiness of the entire family. A BFA can also include the amount of any maintenance to be paid by the primary breadwinner to the other person should the relationship end.

After: At the ending of a marriage many couples are often able to negotiate a BFA which is still the quickest and most cost-effective way to settle things. However if you cannot reach an agreement, you can apply to a court for financial orders, including orders relating to property division and payment of maintenance. Experienced family lawyers can help reach an appropriate solution.

The divorce application itself is a simple procedure apart from the other legalities of custody arrangements and property settlement. While do-it-yourself kits are available at the Family Law Courts, individuals often prefer the ease and comfort of having a family lawyer deal with this.

The complex nature of relationships and the natural emotional turbulence that surrounds them is reason enough to seek the guidance of a family lawyer in order to best protect your rights and the rights of your family.

 

 

 

 

 

06.03.2014
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