Family law is a field of the civil law that mainly deals with domestic personal matters and family related issues. It has one of the widest bases of expertise and legal authority of any other category of law. Civil law is the body of law that includes the courts, corrections, executive, administration and tribunals. Family law on the other hand is the area of law that involves individual issues such as divorce, adoption, property settlement and annulment. Family law also involves matters like prenuptial agreement, alimony, spousal support, child support and parental responsibility.
Divorcing couples usually enter into prenuptial agreement for security and privacy. Some of them may have different types of financial agreements such as asset partitioning or marital trust. If these arrangements are properly executed by both the partners, then divorce can easily be avoided. In fact, in many cases, the prenuptial agreement proves to be of great importance in cases where divorces are the issue since it settles issues regarding custody and child custody and provides guidelines as to how properties will be split if the divorce goes through.
In some countries, prenuptial agreements are also executed by family law attorneys before a divorce is finalized. It is only after this type of legal agreement has been signed by both the husband and wife that the actual divorce can commence. In these situations, the spouse who signs the agreement has to abide by the rules and regulations stated within it and cannot later claim that he/she has been forced to sign or waive his/her rights under it.
In some countries, prenuptial agreements are also executed during a divorce suit by the spouse seeking support or spousal support from the other. Under this type of agreement, the husband or wife must request the court to terminate all existing alimony and child support arrangements. The request is then processed by the family law attorney who has to make sure that the terms outlined in it will apply to the specific circumstances of each individual case. Alimony and child support have to be settled according to the applicable laws of each country.
There are cases when parents decide to separate to address their respective concerns over their children. When this happens, the parents should seek the help of an experienced family law attorney. An attorney will study each of the parents’ best interests and decide which would be best served by taking custody or selling the children. These decisions are made based on what would benefit the child the most. An attorney can make sure that the best interests of the child are protected throughout the divorce process. This way both parents will get to live their children full lives and can spend time with their children in a safe and loving environment.
A family lawyer could also help the parents determine which of them could better handle their post nuptial and prenuptial agreement issues. If there are minor children involved in the divorce proceedings, the postnuptial agreement must be produced and signed by both parents. Without proper documentation, the court will not grant either parent custody over the children, and will instead allow each parent to make whatever agreements they want regarding visitation, finances, and other matters pertaining to the children.