The Purpose Of A Family Lawyer
A family lawyer deals with issues that affect family members; their aim is to resolve
such issues in accordance with the law notwithstanding their represented family members best interest.
Typical areas dealt with by a Family Lawyer:
Divorce
Spousal or child maintenance
Custody
Splitting of marital assets
Adoption
Paternity
Domestic abuse
What you are entitled to from a Family Lawyer
In addition to legal advice and the assessment of your litigated decisions, a family lawyer negotiates and institutes legal action on your behalf; they check merits for and against your case so as to determine the surest course of action. A family lawyer executes all correspondence with the 3rd party and prepares your court pleadings.
Its not uncommon to find family lawyers with well developed counselling skills, as this can be useful when one or more of their clients is undergoing an emotional ordeal resulting from a highly disputed divorce proceeding or a drawn-out custody case.
Also, a family lawyer with a working grasp of financial and accounting matters proves valuable when it comes to claiming assets and having their proportional value defined.
Things you might not have been aware a Family Lawyer can assist you with?
Its commonly accepted that step-parents arent liable for maintaining their stepchildren; on the contrary, it depends on promises that a step-parent obliges unto themselves in the course of their dependable role with the step-child. A family lawyer can establish if maintenance is obligatory even if there isnt a formal adoption agreement thats applicable e.g. if a step-parent designated themselves as either the mother or father on their step-childs school enrolment form this in itself can be contested as grounds for continued contributions in the event of the childs natural parent suing for divorce with a subsequent child support claim. For a classical example of such a ruling, refer to MB v NB2010 (3) SA 220 (GSJ).
If a person tasked with paying maintenance fails to do so, they can be tried under a criminal offence. If the situation doesnt improve, a family lawyer can make an application for a garnishee to be issued whereby the defaulters employer gets instructed by the court to deduct outstanding and ongoing child support fees.
Both parents are required by law to contribute equally towards their childs maintenance based on what they earn; this should be aligned to the childs living standards.
A
family lawyer can appeal any motion against an unreasonably high maintenance order.
Despite custody law favouring the mother when it comes to awarding residence rights where infants are concerned, fathers are can be demonstrated to be capable of mothering their children.
With valid reason, married couples can revoke their nuptial contract to avoid any potential divorce disputes; all thats needed is for a family lawyer to ensure and certify that no creditors stand to be affected by the appeal.
What are the benefits of having a Family Lawyer?
Family lawyers have the theoretical and experiential competence to guarantee your legal victory.
A family lawyer can save you unnecessary expenses and time by establishing a legitimate course of action while acting in your best interest.
Family lawyers are adept at negotiating and reviewing out-of-court settlement proposals and would be in the position to advice against them where they are dubious.
They have access to past case-laws whose precedents they can use to your advantage.
by: Theo
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