Everything you need to know about prenuptial agreements

While most people have heard of a prenuptial agreement (a prenup), many don’t actually know what this entails. In Australia, a prenup is a legally binding contract that is created by two people who are about to get married or who are in a de facto relationship. The agreement is specially created based on the individual’s requests and needs, so no two prenups are the same. There are many reasons why couples choose to go down this route but mostly because both parties want to feel safe within their relationship. It is also common for people to request a legal agreement when one person in the relationship is more well-off than the other person when entering the relationship.

For example, one person may own a lot of property whereas the other person owns none. Others may wish to protect certain possessions that they want to hand down to their children, and others simply want to ensure that if something does go wrong in the future, the process of ending the partnership is as clear cut as possible.

Seeking a family lawyer to help with such an agreement is very important as they are able to not only help with the paperwork itself, but they can give the two parties involved in-depth information about the prenup. For example, many people don’t know that a prenup isn’t the be all and end all. They can be overturned in court down the track. Furthermore, some don’t know what a prenuptial agreement can actually cover. A great family lawyer will advise that it can cover the division of assets when a break-up occurs such as property, cars, cash, and possessions. It can also look at businesses, investments, inheritance, superannuation, debts and pension entitlements. Here is a closer look at prenuptial agreements in Australia, and how a family lawyer is able to help.

What many don’t know is that it is important to factor in children to an agreement, even if there are no children currently in the picture. It is not uncommon for couples who thought they would never have kids to have them later in life, and then not feel protected if the relationship at hand ended. A prenup is able to include child support options, and how the division of assets would occur if there was a child or children in the picture.

Again, a professional attorney is able to help with this and can give advice on what is best to include in the agreement for the couple. It is important to know that despite an agreement, a court is able to overturn this in order to give what they think is best for the child or children involved. It is also important to understand the scenarios in which a prenup can be overturned. For example, if one person did not accurately disclose all of their assets upon entering the relationship and creating the agreement, the courts may see this as fraud and overturn it.

Similarly, if a scenario has occurred that is not included in the agreement (such as the birth of children), again the courts may look at overturning it. It is also crucial to ensure that the agreement is an actual legal document. Couples cannot simply write their wants and wishes on a piece of paper at home and then decide that this is legally binding. Again, this is why it is so imperative to seek the support of a family lawyer. All in all, there is certainly a misconception about how prenuptial agreements work due to American televisions and movies. The best way to get all of the correct information is simply by hiring an attorney.

Everything you need to know about child custody

When ending a long-term relationship, whether that be a de-facto relationship or a marriage, it can be an extremely difficult time. This can especially be the case when there are children involved. Parents often feel guilty when they are separating and have often stayed in the relationship way longer than they should have purely for the sake of the children.

child custody

Parents often do everything in their power to shelter their kids from the whole experience while still keeping them informed as much as possible. This can be tricky when emotions are high and there are lots of things to figure out such as divorce application forms, child support payments, the division of possessions and much more. It is not uncommon for two parties to not see eye to eye when it comes to ending a relationship and this is where the legal system will often step in.

There are some lucky people out there who manage to settle everything out of the courtroom, but this is extremely rare. Because of this, it is important for both parties to seek professional help in the form of a family lawyer. A family lawyer is a person to go to when wanting to find out how to legally separate, divorce and decide where the kids are going to live and for how long. For example, some parents are happy to share their children half-half, whereas others will decide that the children can stay with one parent every second weekend. It is important to have this agreement in formal writing so both parties can be crystal clear on the requirements, and the children will be able to thrive in a stable environment. Here is a further look at child custody in Australia and how a family lawyer is able to help.

When there are disputes surrounding where a child or children are going to live, there are usually two hearings. It is important to have a reliable and reputable representative for these hearings. The first is an interim hearing and the second is a final hearing.

The first hearing usually occurs a couple of months after an application has been filed with the court. A family lawyer is able to help with this application process and to explain what type of paperwork is needed. In the interim hearing, a judicial officer will hear a submission from both parties and will decide on an arrangement for the children involved until the final hearing. Many different things can factor into the outcome such as if there is abuse involved. The final hearing will require that anyone who has given a sworn statement needs to attend. When it is needed, a Psychologist or counsellor will be spoken to in order for the final decision to be made. After considering all of the evidence and information, the judge will then make their final decision.

This decision will be held in place until the child turns 18, unless otherwise stated by the court. This whole process can be a daunting and stressful process as the courtroom can be a bit of a scary place. In order to have the desired outcomes met, it is crucial to deal with an attorney who has experience in this field. They will understand the language and will know how to best move forward considering everything involved. If there is ever a time where an appeal needs to be made, they are able to help with this and are also able to help organise affidavits. Whatever the severity of the case, or whatever the situation may be, there is always a family attorney out there who is able to help and can best achieve the desired outcome.

 

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