What role does the family court play in a divorce?
November 12, 2023 | 40,00 EUR | answered by Alexander Hartmann
Dear Attorney,
My name is Adele Karpinski and I am currently in a very distressing situation as my husband and I have decided to get a divorce. I am unsure of the role the Family Court plays in this process and what impact it will have on me.
Background information: My husband and I have been married for 10 years and have two children aged 6 and 8. We live in a shared property and have joint accounts. We have tried to settle the divorce amicably, but we disagree on some points, such as custody of the children and division of assets.
My main concern is finding the best possible solution for myself and my children and understanding the role of the Family Court in this process. What decisions can the Family Court make? How is custody of the children determined? What impact does the court's decision have on the financial situation and division of assets?
I am very worried about how the divorce will affect my children and how the court process will unfold. Therefore, it would be very helpful if you could provide me with some information on this topic and suggest possible solutions to navigate this difficult process as smoothly as possible.
Thank you in advance for your support.
Sincerely,
Adele Karpinski
Dear Ms. Karpinski,
Thank you for your message and your trust in my expertise in the field of divorce law. I understand that the upcoming divorce is a stressful situation for you, especially when it comes to your children and your shared assets. I would like to provide you with some information and possible solutions to your concerns.
The family court plays a crucial role in divorce proceedings, especially in cases of disagreement between spouses. The court is responsible for formalizing the divorce and making decisions on contentious issues. In your case, where there are disagreements regarding custody of the children and the division of assets, the court will review these matters and make a decision that is in the best interest of the children.
Custody of the children is usually shared between the parents, unless there are special reasons against it. The court will consider what is best for the children, taking into account factors such as the parents' relationship with the children, caregiving arrangements, and the children's wishes.
Regarding the financial situation and the division of assets, the court will also make a decision if you and your husband cannot agree. The court will consider the principle of "adequate provision" for the spouses and possibly the children as well. It will assess the financial resources available to ensure a fair division of assets.
It is understandable that you are worried about your children and the court process. It is important to consult with an experienced attorney who can guide you through the process and help you advocate for your interests and those of your children. Together, we can develop solutions that are fair to all parties and provide the best possible outcome for your family.
I hope this information has been helpful to you. If you have any further questions or need advice, please feel free to contact me. I wish you all the best in this difficult process and am here to support you as needed.
Sincerely,
Alexander Hartmann
