Anyone who is contemplating divorce must consult with an experienced family lawyer. At the consultation, it is important to have the right kind of questions to ask your lawyer. The following are a few questions which will help you understand the divorce proceeding and how the lawyer is going to help you with your case.
Questions to ask family law solicitors in Canberra
The first thing that you need to ask them is about their experience. Although lawyers will have a law degree, but there are many who practice in several fields which are not exactly in keeping with family law. Instead of going for a generalist, you need somebody who specializes in the family law field.
You can ask questions regarding the divorce proceeding. The lawyer is responsible for educating you and guiding you through the process. They will let you know that the process starts from filing the petition to negotiating the orders and the trial process.
Get to know about how they charge the fees. Some lawyers expect to sign a retainer agreement which covers on how you will be charged. Get to know their hourly rate and how often they will be contacting you. Some lawyers also charge their clients for the time which is being spent speaking with the paralegals and the other staff in the office.
Some lawyers are comfortable speaking over the phone while others might try to contact you over email. Now is also a good time to speak to them about how long the process is going to take. A lawyer might give you an estimate of the time it will take for the case to be resolved. If you plan on a quick settlement, then it is important that you plan negotiations with your spouse.
Family law solicitors can help you understand binding financial agreements
There are 3 binding financial agreements according to the Australian law. These include the pre-nuptial agreements which is entered into before the marriage or the civil Union. The other type are the post nuptial agreements which is entered into after a marriage has been finalized. The last are the de facto agreements which is entered into by couples living together in a de facto relationship.
In order to make a binding financial agreement there are certain requirements that need to be met. Parties must enter the contract willingly without any pressure or influence from the other party. It is crucial for both the parties to provide full disclosure about their financial standing and this means that will have to disclose about all their assets and financial resources failure to do so might render the agreement invalid. This again should be in writing and should be signed by both the parties which means that the lawyer of each party will have signed the statement as well the stating that they have provided legal advise to the clients regarding the matter. Last but not the least, the agreement should be executed properly which means that each party must receive a copy of the signed document.
We suggest that you get in touch with Balance Family Law in Canberra for legal advice and assistance.