WITH Jane Lenehan Lenehan Musgrave LLP
WHEN SHOULD YOU CALL A FAMILY LAWYER?
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lawyer’s role in society is to help people solve their disputes in a reasonable and peaceful manner. In most cases, a person will only call a family lawyer for help and advice once there is a breakdown in the family unit. However, family lawyers prefer to consult with their clients before potential problems occur, as it adds tremendous value at the planning stage. Family lawyers use sensible legal information on rights and obligations to reduce possible disputes. A proactive step is to call a family lawyer when you have a question or a concern about family law. Knowledge is power and legal information about your rights and obligations can result in constructive discussions with your spouse about how family law can potentially impact you and your family. Any discussions you have with your lawyer, with a few rare exceptions, are protected by solicitor/client privilege. Your lawyer cannot disclose anything that is discussed without your prior consent. Common questions family lawyers are asked following a breakdown in the family unit include: How do we continue parenting our children after separation? Should either parent pay child support, and if so, how much? What about spousal support? And how do we divide our property and debts
so we can separate our finances? Prior to any commitment, a family lawyer can address all of these questions and discuss a Marriage Contract or Cohabitation Agreement. Modern family dynamics tend to involve complicated decisions. For example, if you are about to marry and your spouse has children from a prior relationship, you may wonder about your potential obligation to support those children if the marriage does not last. If you assume parental responsibilities for your spouse’s children during the marriage, you may be responsible to pay child support if the marriage breaks down. In this case, you and your spouse could discuss these topics in advance and sign a marriage contract that sets out your agreement on how to resolve these concerns if the marriage dissolves. Planning in advance is particularly important for any family unit where the parties enter the marriage with prior obligations to their former spouse and/ or children from that relationship. These situations tend to raise what lawyers and judges refer to as “interesting legal issues.” These issues are “interesting” to lawyers and judges because they are unique. There may not be a lot of guidance in the law as to how these issues should be resolved, and they are challenging and sometimes groundbreaking to argue in a courtroom. Unfortunately, for the client, the
HEALTH & WELLNESS
resolution of “an interesting legal issue” can result in a lengthy court process as well as potential emotional and financial cost to the family unit. The anticipation and preparation for the breakdown of a family unit may seem uncomfortable or unnecessary. However, a discussion with a family lawyer can provide guidance that will lead to wellinformed decisions for a happy and enjoyable future.
Jane Lenehan Lenehan Musgrave LLP Practicing Family Law, Estate Litigation and Personal Injury Law 101-67 King’s Wharf Place Dartmouth, N.S. 902.466.2200 www.lenehanmusgravelaw.ca
ReFINEd HALIFAX
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