Mornington Family Lawyers

Mornington family lawyers frequently face complex issues that affect the wellbeing of families. Such matters often necessitate strong interpersonal skills.

Mediation or arbitration are usually the best ways to resolve these matters and keep matters out of court. Their aim is to reach an amicable settlement early.
Divorce

Divorce can be one of the most trying and stressful processes that people must endure, yet divorce attorneys can make the experience easier and less distressful. They will assist with legal paperwork as well as negotiate on your behalf for a fair settlement agreement.

If you are contemplating divorce, it's essential that you understand there are five distinct stages a case will undergo and each offers its own set of challenges.

If you and your spouse can't come to an agreement about issues like property division and child custody, going to court for a contested divorce could become necessary. A lawyer can assist with this process and ensure all of your rights are upheld during this process, in addition to handling spousal support payments and modification after changes occur in life circumstances.
Child custody

Child custody is an integral aspect of divorce or separation proceedings, with courts needing to decide who will have legal and physical custody of their children.

Legal custody gives parents the legal and parental responsibility for making important decisions regarding their child, such as where to live or attend school. Most are granted joint legal custody but some parents may receive sole legal or physical custody of their child(ren).

As part of its decision on physical custody, courts must assess whether it would be in the best interests of a child to reside with either parent. If either party has a history of domestic violence or substance abuse, however, custody may not be awarded because it might put children in harm's way. When this occurs, supervised visits may be ordered - usually limited in times and locations as determined by an experienced professional like a counselor or social worker - though in certain instances visitation rights could also be reduced should there be valid concerns that spending time alone with either party could put children in danger.
Prenuptial agreements

Prenuptial agreements (prenups or premarital agreements) are written agreements made between two people prior to getting married that outline all assets owned, such as debts, as well as how those assets would be divided in case of divorce.

However, they cannot cover child support or custody as these issues require separate legal documents to address.

State laws vary, but in general the terms of a prenup cannot be challenged in court on grounds of fraud or duress; rather it must be freely agreed upon between both parties and signed off voluntarily before being notarized and witnessed.

Family lawyers can assist in crafting a prenup that will protect your rights should a divorce occur. No matter how unique or straightforward, creating such an agreement can reduce stress levels during contentious divorce proceedings, and help ease strain between spouses as well as children involved.
Inheritance

An inheritance refers to any money or property left by a deceased individual, including cash, investments (such as stocks and bonds ), jewellery, automobiles, art & antiques and real estate. Some forms of inheritances may also be subject to taxes.

Inheritance disputes can arise for various reasons. Donor and beneficiaries might feel their inheritance was unfairly distributed or disagree with some aspect of the will; when this occurs, hiring a family lawyer can help provide resolution.

Prenuptial and postnuptial agreements can be useful tools in protecting an inheritance in the event of a relationship breakdown, outlining how inherited assets should be divided. Furthermore, keeping separate accounts and meticulous records can further safeguard one's inheritance.