Wednesday, 29 August 2018

Dividing Assets in Divorce Cases

In any divorce case, the hardest part is to come up with a satisfactory divorce Coolangatta property settlement agreement. When you divorce or separate, you need to divide your property and debts with your ex-spouse. You divide them between the two of you. A property settlement agreement (PSA) is just another term for a marital settlement agreement which is a contract between the divorcing parties. Before you can write the Coolangatta property settlement agreement, you must first decide what you want. A property settlement agreement may be part of a larger separation or divorce settlement agreement. A property settlement agreement is essentially a contract between two parties that specifies the rights and obligations of each party if they separate or divorce.

The agreement covers issues such as:
  • Division of assets
  • Child custody and support
  • Spousal support
Drafting a premarital or post-marital agreement can be a good way to prevent lengthy and expensive divorce litigation.

Each divorce case is unique and the process of coming up with a divorce property settlement agreement also differs. Most couples prefer to come to an effective and suitable agreement regarding the division of property by having their matter resolved through mediation or negotiation. In this process once both the parties make the decision regarding what they wish to do, the mediator or the negotiator draws up a memorandum of understanding that specifies what issues have been resolved. Later a formal agreement is made by the attorney, which is filed along with the divorce petition in the court. The judge will have a look at the agreement and if everything is in order, he will sign the agreement to make legal.
List of items included in a divorce property settlement agreement are:
  • Properties
  • Any business
  • Shares owned by any of them
  • Fixed funds in the Bank
  • Automobiles
  • Furniture
  • Jewelry
For couples having children, it would be unfair if only one parent has to bear all the expenses of the children. There is no point for children to suffer just because their parents cannot get along. Moreover, when any property is owned jointly, then both the parties are legal owner of them and it will be simply unfair from legal point of view if the property is not divided equally. These legal agreements are important from the point of view of your retirement benefits too. However, if a couple cannot come to an agreement on their own regarding the division of property, the Court will do that. Determining what is a fair and just division of property can be a complicated process for the court also. Whether or not to merge a property settlement agreement depends on which party would benefit from an expanded period of limitations within which to challenge the agreement. It is critical that you consult with an attorney prior to signing anything having to do with separation and/or divorce. Any agreement presented to you should be reviewed by an attorney who can advise you of its impacts. Furthermore, your spouse’s proposed marital settlement agreement will likely exclude provisions required for your protection.

Tuesday, 14 August 2018

Child Custody and Support

If you’ve recently gone through a divorce or separation, a lawyer who specializes in child custody may be necessary because not all divorce or family lawyers have experience handling the placement of your children. If there’s any doubt about who your children will live with and who will support them, it may be especially helpful to hire child custody lawyers on your side. Custody laws can be complex. A family law attorney has professional training and experience that affords them the ability to do everything within their power for your case. Child custody lawyers who specializes in helping men with child support issues can make sure you are treated fairly. Child support issues are not always cut and dried. For example, in joint custody situations, often neither parent pays child support. But if one parent's income is significantly lower than the other, that parent could be eligible for child support to ensure the child's expenses are covered while with either parent. Child custody lawyers can help you navigate those types of situations, as well as make sure all aspects of your case are handled properly.

Having child custody lawyers represent you during your child custody matter can help in the following:
  • If you want to get custody of your child, how do you go about doing that? If you don’t spend much time in the courtroom, you may not know very much about the legal process, which is why you should turn to an experienced attorney. A local child custody lawyer spends a great deal of time in family courts and can provide not only knowledge about your legal matter, but also detailed information about dealing with judges, clerks and local rules.
  • Child custody and visitation hearings can be a source of major argument for parents. Your lawyer will implement a buffer zone so that you and your child’s other parent do not have to communicate directly during the proceedings. Steering clear of the other side allows you to keep your cool while your attorney works out the details. Maintaining a lower stress level can help you enjoy the time you have with your children, who deserve to spend time with happy, loving parents.
  • The courtroom can be intimidating and sometimes, a judge may leave you overwhelmed, you might be more likely to settle for anything to finish the legal process as quickly as possible. This is especially true if your child’s other parent is represented by an attorney and you are not. Child custody lawyers will work for you by listening carefully to your situation, considering all potential outcomes, and researching the laws and past courtroom decisions to come up with the very possible best solution.
For parents who no longer have a relationship with each other, determining child custody, support, and visitation is a stressful, but necessary, situation. As a parent, you want what is best for your child, but you may not know exactly how to go about establishing an arrangement that works for everyone. Whether you want to be a custodial or non-custodial parent, you should hire a child custody lawyers Coolangatta to help you through the legal process.