Divorce by mutual consent is henceforth without a judge, so everything depends on the quality of the divorce lawyers to ensure a permanent divorce, without risks and respectful of the rights and wishes of each spouse. At the time of co-modification of our daily life, we often limit the choice too quickly to a purely financial question. The question is: what can I expect from my divorce lawyer, what more can he bring me, is he a mere editor?
Well no, the lawyer is a council that will, through the exchanges with you, to find the most suitable agreement possible. So the question is, what can you expect from your divorce lawyer in your divorce?
ROLE OF DIVORCE LAWYER IN MUTUAL CONSENT
When we divorce, we are sometimes (often) weakened and in an unprecedented situation.
Most husbands do not know their rights but also their duties and the consequences of their choices.
In addition, they are generally placed “here and now” which is legitimate but a divorce has very important consequences in the long term.
The divorce lawyer then has a fundamental role to inform and advise on the rights of each, the room for maneuver but also the immediate or future consequences of the various options.
Each divorce is different and needs to take stock of the situation before making decisions beyond that of divorce.
For that, it is essential to devote time to the analysis of the marital and patrimonial situation. This presupposes a discussion with the client beforehand to review his choices and / or to enlighten him on his possibilities to reach the best solution objectively speaking, that is to say with full knowledge of the facts.
The divorce lawyer must also examine the precise documents of his financial situation and that of his spouse in order to make a precise audit of the rights of each one and to inform his client of his rights and the potential risks, legal, fiscal and practical.
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It is the client who is king and decides the choices he deems fit for him but in order to decide he must know and it is the divorce lawyer who sends him information on the legal and practical consequences of his options.
Therefore, it is necessary to see with a divorce lawyer each element, each point of what he proposes (or the agreement already made on the principle with his spouse) to decrypt the legal underside.
Two fundamental elements allow the divorce lawyer to put this into practice: his good technical knowledge of the subject to date of the last modifications and his experience which allows him to have a practical vision of the situation of his client. A divorce lawyer specializing in family law with at least a few years of experience will be the best able to deal with all situations.
It should not be forgotten also that the other spouse also has a divorce lawyer who must advise him and act in his sole interest. The quality of your divorce lawyer depends on the assurance of not falling into a trap.
The goal is that in the end the customer signs an agreement that suits him perfectly, of which he knows exactly the ins and outs, without possible unpleasant surprises and that is perennial to prevent future divorced to be in front of a judge a few months after the divorce because of disagreement on this or that point; which will cost customers more than a well-considered divorce.
It should also be known that some of the elements to be seen together are very technical, in particular the division of the property of the spouses, the tax consequences of their choices including patrimonial; others are more pragmatic, such as the evolution over time of relations with children, the terms of transfer of residence …
In any case, the role of the divorce lawyer is to enlighten the client to help him make a decision that corresponds to what he really wants.
For the client, it is a personal choice that must be informed according to his own personal situation because everyone is free to choose his divorce and his advice, but still it is necessary to be aware of what one chooses; after, it will be too late to go back on what is signed.
APPEALING TO DIVORCE LAWYER
In practice it turns out that in the event of divorce, the establishment of prior agreements without going to court is going pretty well – see the explanation on mediation in case of divorce. There are nevertheless divorces that do not go as well. This may be due to the aggravating circumstances in which the persons concerned suffer such injuries that anger, fear and mistrust render the solution impossible.
To initiate a legal procedure can be justified or essential in certain cases. The choice of a legal procedure can generate a lot of risks. It is therefore important to be well informed beforehand and to know the rules of the “game”. A lawyer who specializes in divorce, who starts from a solution-oriented attitude, can help you defend your rights.
When do you go to a divorce lawyer?
BEFORE the divorce
- You have received a summons
- There is no possibility of reaching a mutual agreement through mediation
- Urgent and temporary measures should be taken
- You want legal advice from a divorce lawyer specializing in divorce
AFTER the divorce
- Alimony is not paid (within deadlines)
- Support is not indexed or age-appropriate / school choice / changes in circumstances
- A parent made a unilateral decision regarding a school change
- One parent moved with implications for children / school / custody
- One parent does not respect the custody agreement – the children’s stay (in full)
Receive or send a summons
- Did you receive a family assignment?
- Is the communication with the other party so disturbed that you have only to send a summons?
- In both cases above, unilateral action will have consequences for further legal proceedings. Sending or receiving a summons often means the beginning of a long legal journey.
Try to be more calm when submitting the summons by the bailiff. As difficult as it may seem, try to keep constructive communication with all parties involved. Appealing to an experienced mediator at an early stage will help you bring the conflict back to basics while respecting the interests and concerns of everyone.
When a divorce or separation of cohabitants, a divorce lawyer in family law can help you with his / her
- Experience and expertise – Years of experience in family law and the number of cases your divorce lawyer handles are generally proportional to the success of your legal career.
- Know-how – A divorce lawyer qualified in the law of individuals and families is constantly informed about the latest developments in the context of his profession. The lawyers must obligatorily follow a minimum of hours of permanent formation per year.
- Ethics – Your relationship with your divorce lawyer is based on trust. According to the Code of Ethics of Lawyers of the Order of the Flemish Bar of Belgium, your lawyer must contact the other party and the judge.
- Accessibility – in the interest of the efficiency and transparency of the follow-up of your file, the accessibility and responsiveness of your divorce lawyer is undoubtedly a major asset. Regular contact by letter, email or phone calls for good management of your file.
- Personality – You must feel comfortable with the divorce lawyer you have chosen. Dynamic collaboration and mutual respect will certainly make your case progress.
DEFINITIVE DIVORCE: YES BUT WHEN?
After a hard test, the famous divorce judgment was finally made and the divorce lawyer sent a copy to his client: we have seen, read and reread: depending on the case, it is good, acceptable or catastrophic. No need to rush to celebrate the outcome of the marriage, this judgment not yet being of a nature to have released you from the famous bond “to pass the rope to the neck”.
This will be the case of a divorce judgment by mutual consent which presents no surprise since the spouses contributed to its drafting. It is sufficient therefore that each sign an act of acquiescence to this judgment so that it becomes final on the date worn on the last of the two signatures.
From this day, the divorce lawyer will make mention of this divorce on the marriage certificate, proof for the world that you are single again, and available on the marital market.
The same situation can be found in other forms of divorce, if finally the reading of the judgment does not contain provisions likely to make your hair stand on end: it could have been better, but also be worse.
So, in order not to tempt the devil, both will accept Solomon’s judgment and leave it there, signing the act of acquiescence that each attorney will provide to his client; the judgment then becomes definitive. One of the two lawyers will take care of the mention in the margin of the marriage certificate.
Important clarification: all the provisions provided for by the acquiesced judgment then become immediately applicable, including of course those dealing with the consequences of divorce.
Vinegar is reserved for the judgment that does not satisfy, or even not at all, one or both of the spouses. The law makes it possible to contest a judgment if it is considered that the judge who rendered it was mistaken: it could then be submitted to the Court of Appeal to which this first judge, court of appeal, is responsible.
We have one month to appeal, not since the date of the judgment, but from the day when one of the two spouses, finally satisfied, will make it serve the other officially by bailiff. It is on the day of receipt of this act, that the happy recipient has only one month to think about his call.
If he decides to stop the expenses there, the divorce decree will then become final at the end of this month,
Things get tough, if the appeal is registered: therefore, the judgment received becomes inapplicable (except for the measures relating to children, which apply even in case of appeal), only because it will be retried by court of Appeal.
But, beware, if the decision of the first judge is deprived of effect, some interim measures that were applicable since the order of non-conciliation will be maintained throughout the duration of appeal; this may be the case of alimony paid to the spouse.
And yes, the good old obligation of relief between a husband born on the day of your marriage will not cease until the day of the final divorce, that is, in most cases, when the Court of Appeal has made his decision. Ah, good! So we can escape this obligation of relief? Do not dream … luck is tiny.
A situation can however be approached: the judgment pronounced divorces the shared wrongs and decides on its consequences, in particular by granting a compensatory benefit for the benefit of the wife (simple hypothesis obviously); satisfied, it therefore makes the judgment known to Monsieur, who decides to appeal.
His divorce lawyer cleverly advises him to appeal only on the issue of compensatory allowance, and to drop the question of the wrongs of divorce. Sir agrees and this limited call is registered. Receiving the declaration of this appeal, Madam will react and wait for the conclusions on its only problem of compensatory delivery.
When, he will have deposited his prose, that Madame will know then, she will have to answer. Sir, who has rapidly discovered his shoe, questions his legal advisor to know whether he can remarry: in certainty the inquiry is: my separation is it last?
The appropriate response is, obviously, no, in light of the fact that, despite the fact that Mr. did not question the choice to separate by restricting his response to the compensatory remittance alone, in any case, the creator did not submit in the separation, which isn’t yet last.
Sir discovers that the provision he paid to his delicate and dear since the ONC must be proceeded, since the commitment to help proceeds until the day the separation is conclusive.
Here we are at the core of the issue: under the watchful eye of the Court of Appeal, it is presently dependent upon Madam to answer the finishes of Mr., and this answer will be unequivocal.
On the off chance that she just answers to the main test of her significant other on the compensatory recompense, bingo for him! The separation will end up last upon the arrival of the finishes of Madam, since it won’t have challenged the separation, anything else than him and the Court of Appeal will have just that the historical backdrop of the advantage to settle.
In any case, if, exhorted or thoughtfully prompted, she exploits her works on advance to shape a “coincidental intrigue” on the whole judgment, in other words, including on the declaration of the separation itself, at that point leave the principal judgment; the court of bid will retry by any means, and thus it will be she who will articulate the separation in its last judgment.
It’s a given that Madam will have, as a reward, an augmentation of her great maturity bolster that Mr. pays her from the ONC, since, as you have seen, no separation = no end of the commitment to help between mates = support of the annuity.
In summary, as a general rule, the divorce becomes final on the date of the last signed acquiescence if both spouses consent to it, or at the end of the one-month period if no appeal has been lodged against the judgment served.
In particular, in the event of an appeal, the divorce will become final on the date of the decision of the Court of Appeal, unless neither spouse has contested the divorce itself before this Court, in which case it would become final the date of the incidental appeal thus limited to the consequences of the divorce only.
For the latter situation, one should not dream too much, the strategy being, when a spouse has obtained from the conciliator judge benefits related to the obligation of relief (alimony and / or allocation to free use of the marital home), that he takes advantage of it to the end, that is to say, in the event of an appeal, until the final decision of this Court, and by stating in his appeal conclusions that he contests the pronouncement of the divorce.
The funny part of the story is that, most often, the author of this incidental appeal has absolutely nothing to say about the pronouncement of the divorce. Especially if the couple had opted for the accepted divorce which is known to be irretrievably acquired from the signature before the conciliating judge of a report of acceptance of the marriage breakdown!
This litigant will be one of the only ones able to support on appeal everything and its opposite: “I appeal to challenge the divorce pronounced by the first judge, but I ask the Court to confirm its judgment on this point”. This litigant will escape the penalty of procedural abuse.
The Court of Cassation absolved him of all sin, on the grounds that he had an interest in allowing his pleasure to continue.
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