Can Child Custody Be Addressed in a Prenuptial?

Prenuptial agreements have the ability to override state law when it comes down to issues of alimony, debt distribution and properties in a divorce.

The one thing it cannot do is provide the solution to any issues relating to children who will be born to the marriage.

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Family Law: Divorce FAQs

Chartlands Chambers can help you through your divorce, and are answering some FAQs covering the process.

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Can family law cases really be a DIY project?

Recently, a judge in Bristol has allegedly been giving masterclasses on representing yourself in court following a legal aid cut that has left many fending for themselves.

The classes are said to cover what is worth knowing prior to turning up at court to DIY for a personal family case.

There haven’t been any comments on the law from any judges, or how the swingeing cuts have seen nearly all legal aid vanish for private family matters. These can range from post-divorce financial settlements, to the custody of children following parents’ splitting, also protective orders including non-molestation orders.

The judge who had been hosting the masterclasses began by laying out facts. Rising numbers of people are arriving at court absent of a lawyer, he said. In a three-month period in 2014, 80% of private family law cases saw at least one party attempting to fight a case without legal representation.

As the numbers of private family matters that are taken to court without the correct legal help rise, the presentation that was held regarding optioning a DIY approach received a hoard of questions once it had ceased.

Questions that had been asked included such: ‘What is the lawful basis for one parent to prevent a child from contact, without an order?’ and ‘If assessments presented to the court contain misrepresentation, what recourse does the injured party have?’.

What are your thoughts on the DIY approach to family law?

All about Family Law

Family law covers a wide range of legal topics that can includes any issues revolving around marriage and children.

family law Northampton
Unhappy with their arguments

Common family law subjects include annulment or divorce, child custody and visitation rights, child support payments and spousal support/alimony. The specifics of family law and children involve a child’s adoption, state child protection and guardianship, along with restraining orders and domestic violence for adults.

Is there a difference between divorce and annulment?

Both are matters of court and essentially dissolve a marriage. Yet, annulment does differ from divorce as it treats the marriage as something that did not happen. However, the majority marriages are often ended through divorce.

How will child custody and visitation rights established?

If the court is deciding visitation rights between parents, the decision will conclude with what is in the child’s best interest.

What covers child support?

Child support will be the amount of money that the law asks a parent to pay to the spouse who is primarily responsible for the child. Child support will cover the cost of any educational expenditures, food, shelter, clothing, health and medical care.

Will I need a family attorney?

It is advised to consult with a family attorney if you do not understand any court processes that are involved in family law. A family attorney will be able to explain anything you may not understand as well as explaining your rights and protect your interests in the case.

For further information about family law Northampton services, please visit the website.

Everything you need to know about family law

The concept behind having a family lawyer is essential for dealing with difficult experiences someone may be facing within their family.
Although, a frequently asked question is what a family lawyer actually does and how can one help to find solutions to family problems.

Family law involves a variety of different things that relate to legal family matters, such as legal separation, divorce, pre-nuptial agreements, civil partnerships, marriages and certain factors that relate to children, like adoption, financial provision from absentee parents, and custody and visitation rights.

A good family solicitor should be someone who can adapt their services to fit the situation at hand and offer an empathetic ear for their clients.

When employing such services, it is usually because the employer may be experiencing a traumatic time, which may lead to the wrong decisions being made if placed with an ineffective solicitor.
So the choice of solicitor for their specific case must have certain skills and experience, and be able to provide the relevant support, and they will be chosen on their ability to be able to put prospective clients at ease, listen and learn about the client’s situation, and work with them to suggest the best course of action.

A reliable lawyer will avoid a court case, especially when there are children involved in the matter at hand.
These competent lawyers should be exceptional negotiators who will be able to come to a satisfactory solution for all of the family, without the addition of taking the case to court.

A majority of family lawyers will come to a mutual agreement that their work mainly focuses on three areas; divorce, children and finance, meaning that a lawyer might be working day to day on a dispute over custody, from a divorce where the clients have disagreements and cannot agree on a settlement.

If someone believes they may want a family lawyer, it’s important to remember to take time to look around and select the right one for the situation.
Divorce, family disputes and custody battles are extremely difficult times, but an exceptional family lawyer is a worthy investment as one will be able to help settle the situation and find a solution that everyone involved will be satisfied with.

For more information on family law Northampton and what we can do for you, please visit our website.