You need legal consultation when contemplating divorcing your spouse. A family lawyer examines your case and explains your options and alternatives once you file for divorce. So, what advice should the family lawyer give? Below is an extensive guide.
The Impact Of Prenups On Your Divorce
Prenups and postnuptial agreements significantly impact the divorce process. Therefore, you should present your divorce lawyer with a copy of these documents. Typically, they assess the various clauses and inform you how these contracts will impact your divorce. The lawyer's first task is to establish the legality of these agreements. If they do not meet the legal criteria, they cannot hold up in court. In Australia, prenups and postnuptial agreements are binding financial contracts.
Consequently, your lawyer explains how they will impact the property division process. For instance, do you qualify for spousal maintenance? What share of the marital property are you entitled to? Who pays debts incurred before the union? If you are not comfortable with the conditions of the contract, the lawyer explores alternatives to invalidate it. For example, they could argue that the agreement is impractical and no longer enforceable, given the current state of your marriage.
What To Expect When You File Divorce
The truth is that most people do not know what to expect once they file for divorce. Your lawyer explains the divorce process to ensure you are ready. For instance, while filing is straightforward, you might not be sure about your spouse's reaction once they receive the divorce papers. For example, they could intentionally refuse to sign these papers. If this happens, your lawyer moves to court and asks the judge to grant you divorce in your spouse's absence. Suppose you have kids; the judge only grants divorce if you can demonstrate that you have made arrangements to care for them. If not, they give orders detailing how you should raise the kids. The final stages of the divorce process involve drafting parental arrangements and financial agreements.
The Impact Of Your Behaviour On Divorce Proceedings
Your lawyer also explains the dos and don'ts of divorce. For example, making bulk purchases and transferring or hiding marital property could negatively affect property settlement negotiations. On the other hand, you could be held in contempt of court if you disregard the judge's ruling. You must also avoid violent behaviour towards your spouse even if they agitate you. Otherwise, they could file for sole custody.
For more information, contact a family lawyer near you.