Why hire a lawyer for a family law case?

Although family cases like divorce, child custody case etc may not turn out to be as grave as a criminal case, the people facing the trials still have to face the harassment and their lives may be changed for ever. Family cases like child custody, divorce, alimony etc often bring with them a lot of mental torture and hassles and if by chance the case gets entangled up with a case like domestic violence, the accused often ends up in jail and paying a hefty amount as compensation and support for the spouse. All these things can made family law New Jersey cases a lot more difficult to handle and manage and it is simply impossible to win a family law case without the help of a seasoned family law lawyer. Mentioned below are some reasons which would validate the necessity of an expert lawyer for handling a family law case.

Establishing truth:

Many family law cases like alimony, domestic violence, child custody, adultery etc come with many false claims and accusations and it is extremely important to prove the invalidity of these accusations in order to win these cases. Conversely, the victim may also be endangered and may not be able to handle the accusations himself or herself. This where the role of a lawyer comes in. A good family law lawyer is capable of finding the facts by sourcing them from the investigators or challenging for or against the accusations to establish the truth of the case.

Right guidance:

A family law New Jersey case, no matter how simple it is, cannot be won without the guidance of an expert legal advisor. This is because, legal activities within a court room and outside it are often too confusing and complicated for a normal person to understand. Only e trained and practicing lawyer can help tackle a case and guide his or her client to the right direction, so that they don’t mess up the case anymore. Apart from that, it is also considered a foolish task to do or say anything to a legal authority like police officers, without consulting with a legal practitioner. This is because, even a simple statement but a wrong one, may make a person getting locked behind the bars.

For bargaining:

Most family law New Jersey cases accompany bargaining for deals whether it is related to child custody or alimony. While the receiving party may demand any amount of money without considering the financial status of a person, it is then the family law lawyer who comes into the scenario to bargain the deal with reason and win the case for his or her client.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Family Law Lawyers here: 3 University Plaza, Suite 350 Hackensack, NJ 07601
Telephone: (201) 771-1808

New Jersey Prenuptial Agreements

A prenuptial or premarital agreement is an agreement between a couple considering marriage, wherein each parties’ rights and obligations concerning property division and spousal support, in the event of a divorce or death, are determined prior to the marriage. In New Jersey, prenuptial, or ante nuptial, agreements are governed by the Uniform Premarital and Pre-Civil Union Agreement Act., N.J.S.A. 37:2-31 et seq. The Act requires that a prenuptial agreement be in writing, contain a list of assets, and be signed by both parties. It provides that the agreement becomes effective upon the marriage or establishment of the civil union of the parties, and is enforceable without consideration. It also provides that the parties to a premarital or pre-civil union agreement may contract regarding:

1. The rights and obligations of the parties in any property of either or both of them whenever and wherever acquired or located;
2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;
3. The modification or elimination of spousal or one partner in a civil union couple support;
4. The disposition of property upon separation, marital dissolution, dissolution of a civil union, death, or the occurrence or nonoccurrence of any other event;
5. The ownership rights in and disposition of the death benefit from a life insurance policy;
6. The making of a will, trust, or other arrangement to carry out the provisions of the agreement;
7. The choice of law governing the construction of the agreement; and
8. Any other matter, including their personal rights and obligations, not in violation of public policy.

A premarital or pre-civil union agreement clause, which adversely affects child support, will be unenforceable, according to the Act. Parties to the agreement may amend or revoke the agreement in writing at any time. Any revocation or amendment must be signed by both parties, and is enforceable without consideration.

A premarital or pre-civil union agreement may be set aside if the party alleging that the agreement is unenforceable proves by clear and convincing evidence that the party executed the agreement involuntarily, the agreement was unconscionable at the time enforcement was sought, or that the party, before execution of the agreement:

1. Was not provided full and fair disclosure of the earnings, property and financial obligations of the other party; 
2. Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided;
3. Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party; or
4. Did not consult with independent legal counsel and did not voluntarily and expressly waive, in writing, the opportunity to consult with independent legal counsel.

A premarital or pre-civil union agreement that otherwise would be enforceable, will be so only to the extent necessary to avoid an inequitable result, should the marriage or civil union of the parties be determined to be void. 

Source:

LexisNexis, N.J.S.A. 37:2-31 et seq.

For further details visit New Jersey Family Law Attorneys or wants an appointment contact Bergen County Divorce Attorneys here: 3 University Plaza, Suite 350 Hackensack, NJ 07601

Telephone: (201) 771-1808