6 Signs You Need to Hire a Family Lawyer

Family law is dedicated to matters of the family or people in relationships. It’s also commonly called the matrimonial law. The most common things addressed under family law include civil unions, marriages, divorces, adoption, child support, and more.

Family laws can vary in every country and even state but are generally designed to protect an individual’s or a family’s rights and interests. A family lawyer specializes in family law and helps represent individuals in cases involving any matter, like a union or a dispute with one or more family members.

A family lawyer can be of immense significance in such situations. However, a lot of people are not aware of this. Let’s take a look at some of the signs and situations where you should get a family lawyer.

1. Planning to Marry

Most people believe marriage is a celebratory ceremony for matrimony, nothing more, nothing less. However, it’s a legal affair and can be complicated in certain situations.

A family lawyer can help you understand all the legal requirements and inform you of your rights, legal responsibilities, and everything else you need to learn before tying the knot. For example, if one partner is bringing pre-owned assets, there needs to be a prenup agreement. A prenuptial agreement is a legal document that instructs how the wealth and assets must be divided in case a person passes away in any unfortunate event without a legal will or if the couple gets divorced.

Prenups are generally signed when there’s a significant imbalance of wealth and assets between two partners or one or both partners have other dependants from any previous marriage.

2. Forming a Domestic Partnership (Civil Union)

A domestic partnership is a legal status awarded to people by the state who are in a live-in relationship or share a home but are not legally married. Civil unions may seem identical to a marriage, but there are legal differences.

Civil unions were introduced initially by the state to facilitate same-sex couples since same-sex marriages were not legalized. This gave them similar rights compared to other couples who were married. However, now that same-sex marriages are legalized across the country, domestic partnerships are mostly used by progressive individuals who don’t want to tie the knot but still want their rights and interests protected, just like in a marriage.

Domestic partnership laws vary from one province to another. There’s a lot of legal work behind domestic partnerships, like legal requirements, compliance, jurisdictions, and more. Prenup agreements are also a requirement if there’s an imbalance of wealth between the partners/ All of these issues can be handled with ease by a family lawyer since they have years of experience dealing with similar situations.

3. Preparing for a Divorce

Many people believe family lawyers are for situations involving separation or divorce only. While this is not true, divorce is one of the biggest family matters that need a family lawyer’s expertise. A divorce can take months to settle and involves various legal issues, including division of assets, considering a prenup agreement, if present, division of property, child custody, alimony, and more.

Based on the reason for a divorce, both partners are entitled to certain rights, obligations, and liabilities. Some divorce cases, like domestic abuse cases, can become very complicated and lead to civil lawsuits that can take up a lot of time and money. A family lawyer will handle everything on your behalf, like filing for claims, negotiating terms and offering a settlement proposal to avoid going to court and further dragging the matter.

An experienced lawyer can also offer unbiased advice depending on the situation. For example, if the lawyer thinks it’s not worth going to trial because your case isn’t strong enough or you don’t have enough evidence, they may suggest settling. The terms may not be favourable for you, but it’ll be a better decision in the long run, where you’d burn more resources and still lose the case.

4. Disagreement Over Child Custody

One of the most sensitive matters after a couple separates or divorces is the custody of their children. Often, neither parent wants to give up custody of their child. This results in lawsuits and legal proceedings to determine which partner gets custody of the child.

Divorce or separation is not the only case where child custody issues arise. A person could file for the custody of their child against a family member or even the state. A family member can claim custody of a child if her spouse passes away in an unfortunate event. For example, if a woman’s husband passes away in a road accident, her in-laws can claim custody of the child, resulting in a legal battle.

The state can also take away your child if there’s suspected child abuse, negligence, or you don’t have sufficient resources to properly care for the child. This is done through the Child Welfare Service, and the decision can be appealed, which results in a legal battle for the custody of the child.

If the state appeals against the insufficient funds or resources to care for the child, you’ll need to provide proof of resources and ensure you can fulfill the child’s needs and secure their future.

If the state files for negligence or child abuse, you’ll have to be proven innocent against their claims. Otherwise, this could turn into a criminal lawsuit. Both of these situations require the expertise of a family lawyer who can help you throughout the process and defend your case.

5. Adopting a Child

Adopting a child is an arduous legal process that often takes months before it’s finalized. Many people often fail to fulfill the legal requirements, resulting in their application for adopting a child being rejected. Some of the legal requirements include sufficient proof that you have enough resources to take care of the child, you’re mentally and emotionally prepared to take care of a child, and you don’t have any physical limitations that could prove to be a hindrance in you taking care of the child.

All of this requires a lot of paperwork and documents. There can be disputes in these cases as well. For example, the child’s parents or guardians may try to extort you for money to adopt their child. They may reject you for a baseless reason, threaten you, and more. These disputes can result in court hearings, resulting in a settlement to agree on terms suitable for both parties or proceed to a trial. You can also file a criminal lawsuit against these parents/guardians if they threaten you.

A family lawyer can help negotiate the settlement terms or make a case for you if you decide to file a lawsuit.

6. Drafting a Will or an Estate Plan

A will or an estate plan is one of the most important things every person must do. It’s a document that describes how your assets, properties, and wealth will be distributed among people. A lot of people think they should only write a will when they’re old and have plenty of assets or properties to their name. However, this isn’t the case since a person can pass away in an unfortunate event, and in case there’s no will, their assets will be divided as per a formula devised by the law, and the process could take a lot of time and legal complexities.

A person should write a will as soon as they turn of legal age, which is 18 in Canada. A will should be written despite the number of assets, properties, or the amount of wealth a person has. It should be regularly updated with time, like every five years.  

Wills and estate plans are essential documents every person must have. However, preparing these documents to be legally accepted in court is not simple. Even a minor legal loophole or a mistake can make a will invalid. This is why you should always hire a family lawyer to help you prepare a will or an estate plan. This way, you can ensure your assets are protected and fall into the right hands after you pass away.

If you’re looking for a family lawyer in Canada, Nanda & Associate Lawyers can help you.

They have a team of experienced family lawyers that deal with cases like divorce, child custody, wills and estate, and. Additionally, they also have qualified immigration lawyers, business lawyers, civil litigation lawyers, personal injury lawyers, and more. They offer services in Toronto, Mississauga, and Brampton.

Book a meeting with them today.

 

Disclaimer: This article is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.