Unpacking Family Law and the Roles of a Family Lawyer in Zimbabwe part 1

A Family Lawyer specializes in legal matters related to family relationships, marriages and partnership, family wealth and property management, family estates and transfer of ownership. These include, among others, divorce, child custody, adoption, child support and other issues that affect families.

Their work is typically to ensure that our clients’ rights and interests are protected, and they also provide guidance, advice, and representation throughout all legal processes.

Generallly, the following represents a Family Lawyer’s Main Areas of Work

• Advising clients on legal matters: Offering legal advice to clients on various issues such as marital separation, divorce, property division, child custody, and support.
• Negotiating settlements: Helping clients negotiate settlements outside of court, which can save time and money. In these cases, your family Lawyer will work with the other party to reach a mutually acceptable agreement.
• Drafting legal documents such as parenting plans, prenuptial agreements, and divorce papers. These documents must be accurate and clear to ensure compliance with the law.
• Representing clients in court and any other Litigation Work: If your case goes to court, the Family Lawyer will represent you and argue on your behalf. This can involve presenting evidence, cross-examining witnesses, and making legal arguments.

1. Marriages and Partnerships

a. Divorce and separation: Representing clients in divorce or separation proceedings, helping to ensure that their legal rights are protected and that the process goes as smoothly as possible.

b. Prenuptial and postnuptial agreements: Helping couples create prenuptial or postnuptial agreements that outline how assets will be divided in case of divorce, separation, or death.

c. Child custody and support: Helping clients negotiate child custody and support arrangements that are in the best interests of the children.

d. Domestic violence: Providing legal assistance to clients who are experiencing domestic violence, helping them obtain restraining orders or protection orders to keep them safe.

 

2. Managing Family Wealth

a. Estate planning: Creating an estate plan that outlines how assets will be distributed after the death of a family member. This includes creating wills, trusts, and other legal documents.

b. Asset protection: Helping protect a family’s assets from creditors and other potential threats. This can involve creating trusts or other legal structures to hold assets, as well as helping clients understand their legal rights and obligations.

c. Business succession planning: Helping in the creation a succession plan to ensure that a Family business can continue to operate smoothly after the owner’s retirement or death.

d. Family governance: Establishing a family governance structure that outlines how family members will work together to manage family wealth. This can include creating a family constitution, setting up a family office, or creating a family council to oversee family affairs.

 

3. Managing Family Property

a. Real estate transactions: Helping clients with real estate transactions, including buying, selling, and leasing property. Assisting clients in understanding the legal implications of these transactions and ensure that all necessary legal documents are in order.

b. Property disputes: Helping in resolving disputes over property ownership, boundaries, or use, a family lawyer can help resolve these issues. Representing clients in court or in alternative dispute resolution processes such as mediation or arbitration.

c. Landlord-tenant disputes: A family lawyer can represent landlords or tenants in disputes over issues such as eviction, rent increases, security deposits, and maintenance issues.

d. Estate planning: If a client owns property, a family lawyer can help create an estate plan to ensure that the property is distributed according to their wishes after their death.

Demystifying family law in Zimbabwe! This blog tackles common legal questions surrounding families in Zimbabwe, using easy-to-understand language.