There is a myriad reasons why it is so much better to avoid a contested case in court. One of the main ones is cost. A contested case requires both parties to hire a lawyer. This can be very expensive indeed. In addition, the cost will raise as the case drags along, especially if it proves difficult to get the parties involved to agree to some sort of settlement.
Even when a separation is not contested there are still many details to attend to. If these matters are not handled by an expert in this field there is a very big chance that one of the partners will, at some time or another, feel that he or she has been cheated. It is best to ask a lawyer to draw up a contract that clearly deals with all the various issues normally part of a separation agreement.
It would be unthinkable to try and end a marriage without representation. The services of a lawyer or licensed counsellor is imperative. The laws governing these matters are complex and it is vital to hire a lawyer that specialises in this particular field. The best course of action is to choose a lawyer unknown to both parties. This will ensure objectivity and neither party will feel threatened.
Reaching an amicable separation agreement requires both parties to be reasonable. They have to agree to reach an agreement without resorting to threats and aggressive behaviour. There are cases, such as when violence or crime was the cause for the break up of the marriage when it is simply not possible to reach a reasonable agreement.
It is important to remember that lawyers charge for their time. It is advisable to limit the time spent with a lawyer. This can be done if both parties agree on key matters prior to seeing the lawyer. If they are able to tell the lawyer that they have already agreed on key issues the time for which they will be charged can be reduced drastically.
If the couple breaking up both sign a settlement agreement there is no need for an open court case. If fact, in most instances neither party even need to appear in court. The lawyer will prepare all the necessary documentation and the magistrate will simply turn the mutual agreement into a court order.
When a marriage fails, everyone loses, especially the children. However, if there is no remedy, the next best thing is to limit the hurt and potential damage by trying to achieve an uncontested break up. Marriages that end up in a vicious fight in court cause untold harm and may leave permanent scars. It is truly best to avoid such an ugly situation.
About the Author:
No comments:
Post a Comment