- Frequently Asked Questions -

- FAMILY Law -

Question

What is a prenuptial agreement?

Answer

A prenuptial agreement is essentially a contract between two individuals who are to be married. They typically lay out protections and conditions related to the marriage and possible divorce.

Question

How will assets be divided in a divorce?

Answer

If the parties cannot decide on the property division themselves, courts will divide the property equitably. This will not necessarily mean the assets are split “equally” or 50/50.

Question

Who will get the custody of the children?

Answer

The parties can try to decide what happens to the children before going to court. This may be achieved outside of court, but ultimately the approval and decision lies with the court. They will weigh all the options using the “best interests of the child” as their standard.

Question

What is joint custody?

Answer

Joint custody may refer to joint legal custody, joint physical custody, or both. Joint legal custody is related to both parents sharing the major, long-term decisions affecting the child’s overall life. Joint physical custody is related to both parents sharing the time the child physically spends with each parent. Physical custody allows a parent to make the smaller, day-to-day decisions about the child.

Question

Do grandparents have visitation rights?

Answer

Yes, grandparents may petition the courts for visitation rights. This typically happens upon the death of a parent or divorce of the parents.