Getting The Agreement You Want

Facing to the future alone is a daunting task. Particularly if you are facing changes such moving in with your partner, getting married or, unexpectedly separating and considering divorce.

Family law agreements are complex, packed with legal jargon and cover a lot of ground. They describe new parenting routines, how property will be divided, what will happen with the family home, and who pays child support and for how long. There are cohabitation agreements, marriage contracts, and separation agreements.

First steps first

Before you begin the task of considering what you need, ask yourself if you need one. An expected inheritance, a new relationship where net worth is disproportionate, a change in direction during the marriage, or if a host of other reasons emerge, get legal advice now from a reputable family law lawyer.  

Be an active participant

You can’t predict the future but taking steps to be empowered to be able to express what you want and what is important to you is critical.  Take the time to consider: Is financial security important to you? How will the children be affected?  What do you want in the agreement?  Are there tax consequences to your choices? Can you afford to stay in the house?  Be involved throughout the process, not only at the beginning. 

Emotionally fuelled demands increase costs

The emotional reaction to big changes in our lives can be overwhelming and may interfere with the ability to process new information or make good decisions. Understand the role emotion plays and the value of mindfulness.

Reasonableness reaps rewards

An agreement based on reasonableness, trust, relevance, and other grounded shared values means the agreement will be durable. Reasonableness also relates to how much it will cost to develop the agreement and how long it will take.

Understand your legal rights

what you are entitled to receive - and your obligations, what you are responsible to provide to your spouse or your children. It is your lawyer’s duty to ensure that you understand all the terms of the agreement, its nature as a domestic contract, any risks to you, and the consequences of any decisions you are considering. Your right and obligation to full financial disclosure is the foundation of all family law issues: property division, child support and spousal support, and parenting obligations. Delays and withholding valuable information only create resentment and increase costs.

Ask questions

Seek the experience and knowledge of a family law lawyer who respects what is of value to you and honours your need to be an informed client.  If you don’t express what is on your mind or what may be troubling you, the lawyer will not be able to review these matters with you. Make a list of what you want to discuss prior to a meeting with your lawyer, share the list before the meeting starts so there is enough time, and ensure that the list is covered to your satisfaction by the end of the visit. Legal terms are short forms for the lawyers but can be confusing if they are not familiar to you. Ask for clear explanations.