Posted on: 13 April 2015
In many areas, a divorcing couple can make up their own agreement when it comes to dividing the property, sharing custody of the children, and all other details of their split. As long as both parties agree, the court will simply file the paperwork and legally dissolve the marriage.
While it might seem like a cost-cutting measure to create your own agreement rather than visit a family lawyer, it can actually cause more problems than couples realise. Note a few things couples may be neglecting and why it's good for them to consult with a family lawyer even if their divorce is amicable.
1. Future changes may not be addressed
Even if you're okay right now with providing your ex-spouse with child support or other monies, what about if you were to lose your job? You cannot assume that the arrangement will change at that time, as you may still be bound by what your agreement says. You may also be missing many details when it comes to future changes, such as if your ex-spouse were to remarry or get a better job themselves.
A family lawyer is accustomed to how future changes can affect your current agreement so that it can be worded properly to take those changes into account. This will save you the headache and hassle of petitioning the court for a change to the agreement, and reduce the risk that your petition is denied.
2. Simple details may be overlooked
As with future changes, a family lawyer may also be accustomed to common yet simple details that are often overlooked. For instance, you might agree to pay for your child's health insurance, but what about medical costs above and beyond that insurance? Who will be financially liable? What about their college tuition, extracurricular school activities, and the like? These types of details are what can keep couples in court for years, so seeing a family lawyer before you sign any agreement can make your breakup easier on you both.
3. The laws may not work as you assume
Many couples write up arrangements according to how they think the law works; they assume that child support or spousal support is given and at a certain amount, and that property is divided a certain way, and so on. These assumptions can be costly as the law may not work that way, and may change over the years. Rather than inadvertently give up your rights during a divorce, consult with a family lawyer and have him or her advise you on the best way to create an agreement between you.
For more information, contact a company like Adelaide Legal.Share