You may be contemplating divorce or separation and need to know when or if to file. Babra Law Office offers services in all areas of family law, including uncontested divorce, separation agreement, prenuptial agreement.
When a divorce is ‘uncontested,’ this usually means that you and your spouse have agreed on everything such as parenting arrangements (custody and access or visitation), support issues, and division of property, pensions and debts.
Divorces are uncontested when they are filed as:
- a Joint Application for Divorce
- an Application for Divorce by Written Agreement
- a Petition for Divorce, where the other party (the ‘respondent’) does not respond by filing an ‘Answer’ within the required time. The person who filed the petition (the ‘petitioner’) can then file a document asking that the divorce go ahead on an uncontested basis.
A Separation Agreement is a contract between two parties and is therefore governed by the law of contract. The contract is binding on both parties and any failure to execute by either party may bring a claim for breach of contract. However, a court may set aside or not enforce an agreement that is unfair or unreasonable or where child support or spousal support is inadequate. Here at Babra Law Office, we approach every family client with a focus on integrity, advocacy, and understanding.
A prenuptial agreement is a type of marriage/domestic contract made prior to the marriage. In recent years, prenuptial agreements have become especially popular among spouses who have accumulated a substantial fortune or specific assets prior to entering into a marriage.
At Babra Law Office, we can help you draft a marriage contract, or enforce a pre-existing agreement. Contact us today to learn how a marriage contract drawn up by experienced family law lawyers can help protect your rights and assets upon separation.