Tag Archive | "family law"

What to Expect From a Family Law Attorney


Many single parents will need the services of a family law attorney at some point. Separation, divorce, death of a partner, modifying a visitation agreement or child support order are just a few of the times to seek out a family law attorney. However, many of us have little experience with attorneys. The following will give you some general information on how to select and what to expect from a family law attorney.Where Do I Find an Attorney?

 

Shop around for an attorney just as you would a doctor. You want them to be knowledgeable in family law but you also want to feel comfortable working with them. Some things to consider besides their expertise in family law:

 

 

The Initial Consultation:Many attorneys offer a free initial consultation. This is usually half-hour to listen to an overview of your case and give you options on how to proceed.-Create a “cheat sheet” – Write down the main facts of your case and put them in chronological order. Also, list the questions you have about your case. Bring it to your initial consultation. Refer to your sheet when speaking with the attorney. It will ensure that you don’t forget to tell the attorney something important.Some Questions to Ask in the Initial Consultation:

 

 

Some attorney’s charge by the hour and some will charge you one lump sum when your case is completed. Some of the common ways lawyers bill for their services:Retainer Fee: advance payment to the lawyer for a portion of their fee.Contingency Fee: an agreed upon percentage of any money obtained through settlement, trial or negotiation.Hourly Fee: the lawyer’s hourly rate. They will take their hourly rate and multiply the number of hours worked on your case.Fixed Fee: a specific amount of money charged for a specific service.Cost advance: reoccurring advance payment for on-going expenses related to the case.Mixed fee: A combination of contingency and hourly fees.How Will the Attorney Bill Me?If the attorney charges an hourly fee ask how often they bill. A monthly invoice is common. Ask for a detailed monthly billing statement that specifies what services the attorney provided and how much time they spent on each service. Do not accept a bill that says: ” service rendered.” This doesn’t tell you what you are being charged for. Be assertive. If you don’t understand your bill ask the attorney to explain If the attorney charges a fixed fee ask if they have payment plans. Paying a little each month is easier to budget than paying one lump sum.Hiring the Attorney:When you decide to hire an attorney you will sign a retainer agreement. This is a document that states what services the attorney will perform and what the fees for the service will be.If you accept the fees and understand the services to be performed then, and only then, should you sign the retainer. Find out if the quoted fee includes court costs, copying costs, and filing fees or if these services will be extra charges.Do not sign the retainer unless you understand all the terms of the agreement!After You Have Hired the Attorney:-Be prepared and organized for each appointment.-Obtain the documentation your attorney has asked for.-Put in writing what you want out of the case. For instance, what property you want, how much child support, etc. Give this to your attorney. Ask what problems you face in getting what you want.-Create a folder labeled “Attorney”. Keep all correspondence and documentation relating to your case in the file so it will be easily accessible.-Write down what you want to ask your attorney before you call him. This will ensure you don’t forget anything. It will also help you stay on track since most attorneys will charge for time spent on the phone.-Listen carefully to what the attorney says and make notes if necessary so you can review them later.Selecting and hiring an attorney is an important decision. You should research your selections carefully. He should be receptive to your questions and keep you informed about each step in the proceedings. If you do not feel that your attorney is representing you in the best possible manner than dismiss his services and find another attorney. Remember, the attorney works for you!

 

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Family Law


There are many hardships a family can face during a lifetime. When the unthinkable happens, such as experiencing a divorce, finding out about child abuse or a child abduction, or having to deal with property settlements, the legal terms and rules will not be foremost on your mind. In cases like these, the amount of work to be done can seem overwhelming. The legal system is a very complex system, and although it might seem expensive and time consuming to seek advice from a lawyer, doing so can save both money and time in the future. It is important to seek advice from a lawyer who specializes in your specific legal problem. He or she will use expertise and experience to reach a satisfactory outcome to the situation. If one of the situations above happened, one would seek out a Family Lawyer.
Family law is the area of the law that deals with domestic relations and family related issues. Complications that arise from situations such as the nature of marriage and domestic partnerships, issues involving spousal or child abuse and child abduction, and issues arising from the termination of a relationship such as divorce, annulment, property settlements, and parental responsibility are all included under the category of Family Law.
Relying on settlements without the aid of a family lawyer can be very risky. Without the legally binding decisions, trouble can be caused if one of the parties involved in the settlement decides to change his or her mind in the future. This is especially important in property settlements. “Property” in a property settlement can be interpreted as almost anything that is capable of being owned. A property settlement includes everything belonging to a couple, regardless of who bought it, who’s name it is in, or if it was owned before the marriage.
In the situation of a property settlement, it is easy to see how the amount of work can become overwhelming. This is where a family lawyer can be extremely helpful. When most people think of a lawyer, they immediately assume a court visit is in order, but in family law situations, this is not the case. In fact, going to court is often best left as a last resort. Most family law cases can be solved through simple negotiations between the parties involved. The lawyer will help obtain a satisfactory settlement and insure that complications will not be ongoing. Outcomes are not simply a 50:50 split of the assets, but rather a division based on the circumstances of the specific situation. It sometimes requires an outsider to have unbiased view of what those circumstances really are. The family lawyer will help determine and organize information about factors such as age, health, education, and job qualifications to decide how the case will be settled.
If parties are open and honest in a family law situation, settlement of a case should go smoothly for everyone, resulting in a satisfactory outcome. Experiencing any type of family trouble can be extremely stressful, causing strong emotions and thoughts to occur. A family lawyer is a sound investment that will listen to the concerns of all those present, and will give objective advice about legal obligations and rights of entitlement until a desired settlement is reached.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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Muslim Family Laws Ordinance, 1961


An Ordinance to give effect to certain recommendations of the commission on marriage and Family Laws.

Whereas it is expedient to give effect to certain recommendation of the commission on Marriage and Family Laws.

Now, therefore in pursuance of the proclamation of the seventh day of October 1958, and in exercise of all powers enabling
him in this behalf, the President is pleased to make and promulgate the following Ordinance:-

1. Short title, extent, application and commencement

(1) This Ordinance may be called the Muslim Family Laws Ordinance, 1961.

(2) It extends to whole of Pakistan, and applies to all Muslim citizens of Pakistan, wherever they may be.

(3) It shall come into force on such date as the Federal Government may, by notification in the official Gazette, appoint in this behalf.

2. Definition

(a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with this Ordinance:

Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such representative shall be the Arbitration Council.

(b) “Chairman” means the Chairman of the Union Council or a person appointed by the Federal Government in the Cantonment areas or by the Provincial Government in other areas or by an Officer authorised in that behalf by any such Government to discharge the functions of chairman under Ordinance:
Provided that where the Chairman of the Union Council is a non-Muslim, or he himself wishes to make an application to the Arbitration Council, or is, owing to illness or any other reason, unable to discharge the functions of Chairman, the Council shall elect one of its Muslim members as Chairman for the purposes of this Ordinance.

(c) “Prescribed” means prescribed by rules made under Sch. II.

(d) “Union Council” means the Union Council or the Town or Union Committee constituted under the Basic Democracies Order, 1959 and having jurisdiction in the matter as prescribed.

(e) “Ward” means a ward within a Union or Town as defined in the aforesaid Order.

3. Ordinance to override other laws, etc.

(1) The provisions of this Ordinance shall have effect notwithstanding any law, custom or usage, and the registration of Muslim marriages shall take place only in accordance with these provisions.

(2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940 (X of 1940), the Code of Civil Procedure 1908 (Act V of 1908), and any other law regulating the procedure of Courts shall not apply to any Arbitration Council.

4. Succession
In the event of death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes, receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.

5. Registration of marriage
(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

(2) For the purpose of registration of marriage under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than on Nikah Registrar be licensed for any one Ward.

(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration under this Ordinance be reported to him by the person who has solemnized such marriage.

(4). Whoever contravenes the provisions of such-section (3) shall be punishable with simple imprisonment for a term which may extent to three months, or with fine which may extend to one thousand rupees, or with both.

(5). The form of nikahnama, the registers to be maintained by Nikah Registrars, the records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikhanama shall be supplied to parties, and the fees to be charged thereof, shall be such as may be prescribed.

(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union Council the record preserved under sub-section (5), or obtain a copy of any entry therein.

6. Polygamy
(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

7. Talaq
(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

(2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under sub-section (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

8. Dissolution of marriage otherwise than by talaq
Where the right to divorce has been duly delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage wishes to dissolves the marriage otherwise than by talaq the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.

9. Maintenance
(1) If any husband fails to maintain his wife adequately, or where there are more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in addition to seeking any other legal remedy available apply to the Chairman who shall constitute an Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate specifying the amount which shall be paid as maintenance by the husband.

(2) A husband or wife may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(3) Any amount payable under Sub-section (1) or, (2) if, not paid in the due time, shall be recoverable as arrears of land revenue.

PUNJAB AMENDMENT
In sub-section (2), the full-stop occurring at the end shall be replaced by a colon and thereafter the following proviso shall be added, namely:

Provided that the Commissioner of a Division may, on an application made in this behalf and for reasons to be recorded, transfer an application for revision of the certificate from a Collector to any other Collector, or to a Director, Local Government, or to an Additional Commissioner in his Division. [Ord. II of 1975, Section 2].

10. Dower
Where no details about the mode of payment of dower are specified in the nikahnama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.

11. Power to make rules
(1) The Government may make rules to carry into effect the purposes of this Ordinance.

(2) In making rules under this section, such Government, may provide that a breach of any of the rules shall be punishable with simple imprisonment which may extend to one month, or with fine which may extent to two hundred rupees, or with both.

(3) Rules made under this section shall be published in the official Gazette and shall thereupon have effect as if enacted in this Ordinance.

12. Amendment of child marriage restraint act, 1929 (xix of 1929). Omitted by Ord. 27 of 1981.

13. Amendment of the dissolution of muslim marriages act, 1939 (viii of 1939). Omitted by Ord. 27 of 1981.

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