Family Law Articles
DOMESTIC
CONTRACTS
People who plan to cohabit or marry, or those who are already cohabiting
or married, may choose to execute a domestic contract. Such a contract
permits people to override the legislative regime, and allows them
to decide in advance each party's rights and obligations during the
relationship, and afterwards.
SEPARATION AGREEMENTS
If the parties can negotiate a fair resolution to their marital issues
upon marriage breakdown, they should by all means do so. Negotiating
and drafting a separation agreement is quicker, less expensive and less
emotionally destructive than arguing family law issues at Court.
Some of the issues that can be addressed in a separation agreement are:
» Parenting
» Child support
» Spousal support
» Division of property
When drafting a separation agreement, it is important for both parties
to have their own lawyer. Both sides must have independent legal advice,
otherwise a Court may find a separation agreement to be invalid and unenforceable.
The parties can choose to engage professionals to help them deal with
difficult issues. Mediators, property valuators and parenting experts
can all be extremely useful. Most lawyers usually work with such experts
on a regular basis, and can help you choose someone most suited
to your needs.
DOMESTIC CONTRACTS/ SEPARATION AGREEMENTS
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