Family law is a complex and deeply personal field. To help you better understand what it is and how family law services can help you, we’ve put together this handy guide.
Read on to learn more.
Divorce
Divorce is the formal end to a marriage in the eyes of the law.
In principle, it is a simple matter of formal separation.
In practice, it can be a complex and emotional ordeal. The separation of previously shared assets as well as the potential issue of child custody often drags divorces on for years.
Family law simplifies, streamlines, and adjudicates divorces, helping to provide a satisfactory resolution quickly and efficiently.
We offer family law services to individuals and as a joint venture for both partners. During this process, we support our clients through this difficult time. We ensure that they are properly represented and that their wishes and needs are given the respect and consideration they deserve.
Family Law: Ancillary Matters
Ancillary legal services are a subset of divorce services, covering its second major stage. They cover the handling of the separated couple’s affairs during the divorce process.
This stage only occurs if no agreement can be reached between the separated couple regarding their shared assets and responsibilities. It allows for the formal and professional handling of these issues by a qualified and neutral third party. In turn, this safeguards these issues and assets until such a time as an agreement or ruling can be reached.
Family Law: Judicial Separation
Also known as legal separation, judicial separation represents the formal separation of a couple without intending to end the marriage.
There are generally two reasons to engage in a judicial separation:
- The first reason is as an alternative to divorce. Marriage counselling often begins from a point of separation, often allowing the couple to renegotiate their marriage while maintaining their own personal space. Some also separate without divorce for cultural or religious reasons.
- The second and most common reason for judicial separation, however, is as a prelude to a divorce. One of the most common legal grounds for a divorce is that both parties have lived separately for two years with consent. In this case, judicial separation is vital in establishing legal recognition of this separation.
A family law specialist helps smooth this process, allowing for a separation that is as frictionless as possible.
Separation
Separation, as opposed to judicial separation, refers to situations where a couple is no longer living together, but not by formal or legal agreement.
There can be a number of reasons for this, varying from the informal to the disastrous. It is also another prelude to divorce. However, when not formally agreed upon by both partners, it must last for at least 5 years before it can be used as grounds for divorce.
If you have separated from your partner and are not sure what to do next, a family law specialist can help you navigate through this difficult time. Whether you are aiming for eventual reconciliation or are set on divorce, they are here to help.
Co-Habitation Agreements
A cohabitation agreement is used for couples that live together but who are not married.
There are a number of reasons why a couple may enter into a cohabitation agreement. It may be an intermediary step that they take when they first move in together but before marriage. Or, it may be done as an alternative to marriage altogether.
This arrangement sets out agreed terms for issues such as finance, property, child custody, and more.
These agreements are important to enter into for a couple that is not intending to marry. Marriage has immense legal significance in the event of death or separation, as there is clear legislation covering the distribution of custody and assets.
Without this legal framework, one or both parties could find themselves incredibly vulnerable. A bereavement could see assets distributed to estranged family members instead of the surviving partner. A separation could see one party without any legal rights to the property they lived together in.
If you are looking to protect yourself and your partner by entering into a cohabitation agreement, contact a family solicitor for expert and comprehensive coverage.
Contact Us
If you are in need of a family lawyer, contact Crowley & Company for expert legal advice. Our team has the experience and the expertise to help you navigate through this complex field.
Whether you are looking to secure a divorce or arrange a cohabitation agreement, we are here to help with services offered at competitive rates. To find out more about our services and how we can help you, contact us today.
