The Qualities a Family Lawyer Must Have

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TABLE OF CONTENTS
The Qualities a Family Lawyer Must Have 3 De Facto Law Redefines Spousal Responsibilities When Romance Fizzles 4 Heres What You Need to Know about Drawing Up a Legal Will 5 Explaining the Need for a Prenuptial Agreement 6 Child Custody Law: Whats Best for the Kids 7

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The Qualities a Family Lawyer Must Have

Most families nowadays are so complex and its typical to have members butting heads over simple matters. Current statistics show that in ten marriages, seven are likely to end up in divorce. This is a rather disturbing number and the grounds for this rate have even become quite ludicrous over the last twenty years. While its almost quite easy to get divorced these days, there are many intricacies involved for the whole process to fall through, especially when there are children involved and wealth to distribute accordingly, hence the need for a really good family lawyer. The disputes and issues among family members can be very sensitive so its crucial that the family lawyer possesses qualities beyond competence as a professional. He/She must also prove that he/she upholds the moral values that family law pushes forward. Clients need their lawyers to be able to assure them time and time again that their best interest is the goal. Great family lawyers are sensitive to the concerns and issues of their clients but they keep an open mind to be able to weigh matters logically to come up with the best results for their clients. They are honest about the way the legal process is projected to go even if things are not leaning towards the favour of the clients. They also present settlement options to ensure the welfare of the people they represent when the case takes a turn away from the original objective. Oftentimes clients express that their family lawyers have the ability to coax information out of them in such a way that they do not feel aggravated or embarrassed. Family lawyers know how to get their clients trust so they will feel more comfortable sharing (or volunteering) information pertinent to the case. A good family lawyer also knows when to say no. He/She will not shy in expressing his/her qualms about the demands of the clients. There are instances when clients expect and pressure their lawyers to just see things their way. A seasoned lawyer, however, will insist on the best way instead of just heeding the whims of the clients that may actually compromise the achievement of the best possible outcome for the case. Also, for divorce cases with children involved, the lawyer always puts the children first and will not manipulate them to sway the jury. In famous legal dramas, children are often treated like pawn pieces; but in the real world,

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the best family lawyers will, as much as possible, keep the children out of the courtroom to protect them from added stress that the proceeding may inflict.

De Facto Law Redefines Spousal Responsibilities When Romance Fizzles

Perhaps its to do away with the complications of a legitimised union, but a lot of couples are choosing not to get married nowadays, stating that being in love is all that matters. For a long time, the arrangement was labelled, living in sin, which was eventually called a live-in relationship, and now a de facto relationship. Know more about what to do when romance fizzles, just click here. The arrangement really has not changed; the terms have only changed according to the level of acceptance that people have of two people of legal age, of no biological relation to each other, living under one roof like a married couple. They really are practically married: they split financial obligations, have joint bank accounts, and probably even have children only without that piece of paper and a pair of wedding bands. And just like most married couples these days, they separate as well and thats when all the drama happens. Four decades back, a common law wife was easily dismissed by the law. She had no rights over the assets of her former partner and if they had children, the children got some financial assistance (only when its been proven that they were indeed the offspring of the concerned personality) but the common law wife surely did not. If she had been instrumental in the accumulation of assets of her partner during the time they were together, she would have had to go the distance to prove her contribution and that she had right over some of the assets. The de facto law came about to recognise the legal rights of couples in a de facto relationship. Currently the family law gives couples in a de facto relationship the right to appeal their case in a family court. Matters like alimony, division of properties acquired during the relationship, and even child support are decided by the court. There has to be consent between parties though, for all these things to be carried out formally and properly. If one party is not agreeable to the conditions set, the de facto law provides the aggrieved party a chance to get the court to formally recognise his/her rights to demand spousal support and even equal shares of assets and savings acquired within the duration of the relationship.
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For spousal support, the court determines the amount of financial assistance a partner receives by assessing basic needs and ability to earn money. A detailed presentation of financial data and needs is required. Should the economic status of the support recipient changesay, he/she becomes richthe provider may negotiate according to the coverage of the de facto law. Anyway, the creation of this law helps unwed exes to settle their property disputes and other legal issues easily by having the court decide the best possible arrangement for them.

Heres What You Need to Know about Drawing Up a Legal Will

You probably think youre still too young to draw up a will but once you start contemplating on having a family, one of the effective ways of looking after them is by being legally prepared for whatever the future may bring. Some people may think that youre being morbid if youre preparing a document intended to take effect once youve passed on to the after-life, but its better to see this effort as an act of love or care. Creating a legal will early will allow you to properly distribute your properties and wealth in a well-thought-of manner that will not cause discord among your family members when youre gone. A lot of relationships have already suffered due to the absence of a legal will. The law often overlooks the special dynamics of certain families and creates an unfair advantage to some members. Say, you never really got married but you have been living with your partner longer than most married couples and you believe that everything you have ever acquired in your lifetime is also his/hers; however, the law will not recognise your partner as your legal heir once you die. All your assets will instantly be divided and go to immediate relatives whom you may not have spoken to in years instead of that person whom you really spent your life with. Also, you will not have an executor which will surely create complications among the people that you have left behind there are personal interests that will surface which often lead to the demise of relationships. If you love your family, you surely wouldnt want to leave them with problems. Drawing up a legal will early has a lot of advantages because youre likely to be of sound mind and body which is the most important requirement your requests will not be questioned for validity. It will also be easier to find valid witnesses to sign the will with you; two are enough but they should not be any of your beneficiaries. A lawyer is not really required in drawing up a will, just like in the movies where people just take a pen and write things down. However, having your lawyer with you is highly recommended because he can guide you through the legal aspects of the elements of your will.
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Once youre done, you will need to send the document for safe-keeping. If you have a safe at home that only you and your lawyer have access to, thats often good enough but the bank is often a good place for safekeeping as well (along with your money and other valuable property documents). To conclude, once you start accumulating assets, its important to follow it up by making a legal will. Whether you have a family or not, you wouldnt want just any organisation to decide and distribute your assets when youre gone. You worked hard for them so you should have legal control over to whom or where they should go.

Explaining the Need for a Prenuptial Agreement

Marriage as an institution keeps spiraling into a complicated knot these days as society continues to break archaic ways. Men and women often find themselves on equal footingfinancially speakingand theres always that desire to secure personal assets lest marriage does not last til the husband and wife breathe their last. A prenuptial agreement is now incredibly common; people ask,Why the need when love is supposed to be absolute?However, the practical inclination that most people have nowadays has been prompting more and more couples to create one before vows are uttered at the altar. The first and perhaps the most important thing a prenuptial agreement does is that it separates the spouses assets acquired before marriage. This is also a good way for business folks to secure their business operations and profits better when a spouse finds him/herself in a financially-threatened situation. A pre-nup also frees the more economically stable spouse from alimony if the marriage gets dissolved. Again, its personal wealth protection. Michael Jordan didnt have a pre-nup when he got married, so his wife walked away with 168 million USD as settlement after the divorce. People easily pointed out how she didnt have any contribution to Jordans wealth so for her to end up with that insane amount of money after divorce surely had wealthy athletes drawing up a pre-nup.
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Thirdly, a pre-nup also serves as a contingency plan. A lot of couples nowadays get together after failed marriages and other complications. There may be stepchildren involved and they are often covered by the pre-nup by making sure that all the money and assets their parent had before the new marriage are not split with the new spouse and family. Fourthly, most people believe that family money inherited should be kept within the biological line so any inheritance or trust fund should instantly go to the kids and not the spouse. This actually lessens the usual rifts with the in-laws. Also, the pre-nup keeps spouses in tow because of certain conditions and issues that the agreement addresses like adultery, weight gain, drug use, and several others. Though a prenuptial agreement is deemed a romance-killer, nobody really wants to become a victim of a financial catastrophe brought about by ties with another person. Its better to be prepared than be sorry eventually. Oftentimes, one does not really know his/her partner well enough until after marriage so its smart to have that level of protection that a pre-nup agreement provides. Visit http://www.westminsterlaw.com.au/ to know more about this.

Child Custody Law: Whats Best for the Kids

Divorce is hard; theres always a ball of confusion, anger, resentment, dissatisfaction, hopelessness, and other emotions involvedbut thats often just between the couple. When there are children involved, divorce takes a nasty turn oftentimes, they think that their parents are divorcing them as well, and they go through a tough period of great insecurity and uncertainty. A lot of parents easily mishandle the case and play tug-o-war, trying to get the approval of their children. The child custody law was created to put the childrens welfare first, physically, emotionally, and financially. With this law, the court decides on the specific roles of each parent like how custody is shared, which parent shoulders the basic needs of the child, et cetera. In most courts, children instantly go to the mother as moms are usually the primary caregiver. However, for special circumstances like if a mother is incredibly ill, financially challenged, a drug dependent, or the father wants full custody, or the children specifically state they want to live with their father, the court makes a careful study of the case before determining which parent will perform a better job at caring and providing for the kids.
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Child custody law states that the financial support for the kids should cover accommodation (housing), clothes, food, medical costs, and schooling. This financial support always comes from the parent that has a better economic status. The cost for this can be altered as needed but will require some negotiation between parties and then the approval of the judge. Visitation rights are also covered by this law and for every case, the granted visitation arrangement is always different. If one parent has a history of alcohol and drug abuse, the court will set conditions that the said parent has to comply with to be able to visit his/her child. The schedule provided for visitation rights is often stringent so as to provide the children the regularity and protection (both physical and psychological) that they need. Custody over a child can also be revoked if the parent fails to provide a stable home. Remarriage, profession, and involvement with shady activities are often grounds for a reevaluation of the custody grant. If a childs well-being can be compromised, a concerned individual, often a relative or the other parent, can present the case to a judge so custody can be given to the parent or caregiver who can provide a more suitable environment for the child. The child custody law encompasses a lot of policies because children are often helpless when it comes to the complexities that adults get into. With this law, the young ones will have an easier time adapting to the changes of their family dynamics.

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