When to Get a Family Lawyer Involved During Separation

Separation is never a pleasant experience for anyone involved. Along with the stress of ending a relationship, both parties have to deal with significant life changes, especially when children and properties are involved. Thankfully, the last decade has seen family law and legal requirements heading towards the direction of non-adversarial pathways when it comes to separation or divorce.

Unfortunately, this is not always the case for all families or couples, which is why the assistance of an experienced family lawyer can still be incredibly valuable. In today’s article, we have a look at when to get a family lawyer involved during separation, so read on to find out more.

• Instances Of Domestic Abuse

Unfortunately, domestic abuse is something that has existed and will continue to exist for many years to come. Whilst there is no one way to completely stop such atrocity from occurring, there are many ways to help victims who find themselves caught in unhealthy situations. Individuals who fall victim to domestic violence and are looking for a separation can greatly benefit from the help of a family lawyer in achieving long-term freedom. A family lawyer will be able to assist in putting restrictions such as a domestic violence order or an intervention order in place for both the victim and in some cases, the children involved in potentially dangerous situations.

• Child Custody 

There is an old saying that goes “you cannot underestimate how traumatic divorce is for the children”. Of course, the end of a relationship is never enjoyable for anyone involved, but the situation is made far more significant when kids are involved. In many cases, both parents easily come to a custody agreement that is in the best interest of the child, irrespective of how parents may feel about one another.

Unfortunately, in some instances, this is not the case, and ugly battles arise when it comes to child custody. In such a situation, the help of a family lawyer can play an integral part in ensuring that a suitable conclusion is made for both the benefit of the child and parents’ overall welfare.

• You Are Unsure Of The Legalities Involved

The truth of the matter is that the law as it relates to separation, divorce, property settlements and custody is fluid and always changing. This is why it can sometimes be impossible for individuals to find accurate information or advice from friends, family or loved ones.

Hundreds if not thousands of cases are determined per annum in the family court system, and this has a great impact on the way law is practised throughout the nation. If you find that you are unsure of the legalities or your rights during separation, it is highly recommended that you enlist the help of a family lawyer who is well versed with the legislation and ever-changing laws.

• Trouble Dividing Assets

Finally, one of the most draining aspects of separation and divorce is the division of assets. Often, this is a situation that needs to be handled gingerly, especially in a time where emotions are running high. Property/assets include all things owned by either one or both partners and may include:

• Furniture, Real Estate, Vehicles
• Investments and Cash
• Property owned prior to cohabitation
• Inheritance
• Gifts or lottery wins
• Redundancy payouts

In an ideal world, both parties remain honest about their financial situations and come to a mutual agreement on the division of assets. In some cases, coming to this conclusion isn’t that simple, and that is when we highly recommend allowing a family lawyer to step in and assist with the mediation process. In rare instances where the matter is brought to court, a family lawyer will also be crucial in ensuring that you stand the best chance of winning the case.

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In summary, family lawyers play an integral role in separations and divorces, especially when individuals find themselves unable to come to amicable decisions and compromises on matters such as custody, finances and asset division. We hope that this article has given you the insight you need to decide on whether you will require the assistance of a family lawyer.