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Family law deals with legal issues that affect cohabiting partners and family relationships. This can be in connection with the preparation of a marriage pact or cohabitation contract, separation, divorce settlement and the relationship with the children.
The most important laws in the area of family law are the Marriage Act, the Children Act, the Household Community Act and the Inheritance Act.
In the event of a break-up, child distribution and contact can be one of the most difficult things to agree on. Questions about who should have the daily care, how much time the individual parent should have, etc. Such issues can be tough, and present great challenges.
Marriage pact and cohabitation agreement
Many issues can be avoided by entering into legal agreements such as a marriage pact or cohabitation agreement in advance, while the cohabitation still exists.
Cohabitants do not have the same rights as a married couple have under the Marriage Act. In order to ensure financial security and predictability, it is therefore important to sign a cohabitation agreement (cohabitation contract). This is how you can ensure the values the parties bring into the relationship, and the values you acquire during the cohabitation. Such an agreement also ensures what will happen in the event of a breakup.
In addition, family law also regulates how the property is to be divided upon the dissolution of the marriage. This is called switching. Change is made when the cohabitation ends in the event of a break-up and in the event of death. A change is to distribute financial resources between two spouses who are to be separated / divorced. Cohabitants must also make a change in the event of a break-up.
There is basically freedom of contract in probate settlement after divorce. The parties' disagreements may, however, suggest that a lawyer should be involved to ensure that one comes out of a marital breakdown fairly.
Our lawyers assist with legal advice in decisions concerning financial and family issues.