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Family disputes: How to protect yourself
Family relationships can be a difficult thing, but what about when they go seriously wrong and you’re in a fight for your rights?
In family legal disputes in the UK, couples are fighting for their future, their safety, their property, and their children every year in astronomical numbers. But not everyone knows what rights they have, and even fewer know how to protect themselves.
Here’s the harsh truth:
Family disputes are a common issue that most people are woefully unprepared for.
With more than 72% of family law cases involving at least one self-represented individual or party, there’s a serious problem with how families prepare for legal matters.
If you’re worried about how a family dispute could cost you your future, or potentially even cost you your children, you need to know the truth.
It’s not about “winning” and “losing” and “playing dirty.”
Protecting your future from an angry ex-spouse, a bitter co-parent or a malicious extended family member is about making sure you’ve got the right legal strategies in place for whatever they throw at you.
In this in-depth guide, we’re going to lay out the legal strategies that you actually need, instead of the cliche and nonsense that you get served up on TV and social media.
By the end of this guide, you’ll know the first steps to take to make sure that you can secure the best possible future for yourself, your children and your loved ones.
In This Guide
- Why family disputes need professional legal services
- Understanding your rights in different family situations
- Key legal strategies that actually work
- When to seek help from family legal experts
Why family disputes need professional legal services
Family law is a particularly tricky subject…
Family disputes involve your relationships with your closest family, property and investments that you may have been building up over years or even decades, and in many cases, children.
All of these things make for more complex, more expensive and more personally challenging legal situations.
But there’s another complication that most people don’t realise about family legal disputes.
The laws surrounding them and the ways in which they work are particular to each type of situation, which means that you’ll need to adjust your approach depending on your case.
Self-represented individuals and parties make serious errors in family disputes more often than not. By taking on family matters without professional legal representation, you’re setting yourself up for long-term mistakes in your case.
Professional legal services are tailored specifically to help clients get the best results for their future. With experienced teams of lawyers and expert legal staff, family law solicitors like P.A. Duffy & Co solicitors specialise in representing clients who have their own families and have built careers in this sector.
Understanding your rights in different family situations
There’s no getting around the fact that every family dispute is different…
Your rights in your situation will be different to someone else’s in theirs. But that doesn’t mean that there aren’t some common denominators that can be applied to any family dispute.
Here’s the truth about what rights you have in any family law case:
Divorce and separation rights
Marriages unfortunately don’t last forever, and when they end you have the following rights:
- The right to property division
- Spousal maintenance and support
- Pension rights
- Protection from domestic violence and harassment
When marriages end, courts consider these common laws of divorce to find a “fair” settlement. The problem is, the courts’ definition of “fair” may not match your expectations.
Child custody and support rights
Parents are not stripped of their rights to their children upon separation or divorce. You are entitled to the following, including:
- The right to spend time with your children
- The right to a say in important decisions
- Child support
- Protection from parental alienation
Property and financial rights
Family legal matters are not free, and they do not come without asset and property at stake. You have the right to the following:
- Full financial disclosure from your partner
- Property protection
- Fair division
- Hidden asset protection
Key legal strategies that actually work
Legal strategies matter more than you might think.
If you have a strong opening and stay true to these critical steps, you’ll find your case is an awful lot easier than most.
Legal strategies are what you do when you’re in the process of a family law matter.
Here’s the reality of the legal strategies that you should follow from the get-go:
Financial disclosure
The most successful cases, the quickest cases, the cases with the fewest amounts of error and negligence are the cases in which both parties play fair by disclosing all of their finances.
The information you’re going to be required to disclose is the following:
- Your income
- Property
- Debts
- Pensions
If you or your partner do not disclose your full financial position and portfolio, then this is grounds for a fine or a finding of non-compliance and dishonesty.
Alternative dispute resolution
Family matters don’t always have to end up in court.
Methods such as mediation, arbitration and collaborative divorce are becoming more common and are more successful.
The stark fact is, 5% of divorces are decided in court. The rest are settled outside.
So, avoid court. If you do get there, remember this guide.
Document
Documenting everything is vital. Keep proof of:
- All communication
- Behaviour
- Finances
- Children
Protect your children
It’s your children that should be your top priority.
Remember, these are the points that will factor more than any other into a court case.
Think about the future
Don’t just think about the case at hand. Look into the future.
Tax implications, living costs, and housing. All of it matters and will have a serious impact on your future.
When to seek help from family legal experts
Legal help should be the first port of call for family legal matters…
Unless you’re experienced in family law matters, you really should get some expert advice as soon as you can.
If you know that your partner is being dishonest with finances, children, assets or anything else, it’s time to get in touch with a solicitor.
Contacting one at the start of your family matter can stop it from getting to a point where mistakes have been made, for which you may not be able to reverse.
The longer you wait, the more work is involved, the more expensive it gets and the worse it becomes for all parties involved.
