Question from a reader:
Is there an advantage to hiring a lawyer when creating a divorce notarized document? At this point, we are not in conflict, but I think it would be reassuring to have a lawyer involved in case future issues arise, such as delays in child support payments or requests for reductions. I intend to include enforcement clauses, but
I also feel that the content we both agree on is paramount. I would appreciate advice on whether involving a third-party lawyer would be beneficial in case problems arise in the future. Additionally, do lawyers keep copies of the notarized document? Currently, we have agreed on a significantly high amount for child support (more than double the market rate).
The Role of Lawyers in Creating Divorce Notarized Documents and Their Benefits
Divorce is a major event in life, requiring consideration of many emotional aspects. Particularly when children are involved, issues like child support come into play, necessitating calm judgment. As the reader’s question suggests, is there really an advantage to hiring a lawyer when creating a divorce notarized document? I have also thought about this issue.
What is a Notarized Document?
First, a notarized document is a legal document created by a notary public that certifies the agreement between the parties. In the case of divorce, it is used to formalize agreements regarding child support, property division, and custody. A significant advantage of a notarized document is that it can be used as evidence in the event of any disputes that arise in the future. For example, if child support payments are delayed, a notarized document with enforcement clauses is necessary to initiate enforcement against the other party. Without this, it becomes difficult to take legal action against someone who “does not keep their promises” when the time comes.
Benefits of Hiring a Lawyer
Now, let’s consider the benefits of hiring a lawyer.
1. Provision of Legal Advice
Lawyers are legal experts. Particularly, divorce law is complex, requiring specialized knowledge about issues such as the market rate for child support, criteria for determining it, and procedures for changes. Even if you are confident that the agreed-upon terms are sufficient, it can often be challenging to make a calm judgment about whether those terms are appropriate in the future. For example, if you have agreed on a high amount for child support, it becomes crucial to consider whether that amount is reasonable or if it will affect future living conditions. Receiving appropriate advice based on past precedents and court cases is a unique strength of lawyers.
2. Preparation for Future Troubles
Even if there is no conflict currently, the possibility of future issues always exists. Particularly regarding child support payments, changes in living conditions or income can affect obligations. By creating a notarized document through a lawyer, you can acquire a powerful tool to prepare for any eventualities. For instance, if child support payments are delayed, having a lawyer involved can facilitate negotiations or litigation against the other party. Additionally, lawyers are professionals at organizing necessary documents and evidence during negotiations, allowing you to trust them to handle any issues that arise.
3. Accuracy of the Notarized Document
While a notarized document records the agreement between the parties, it is crucial that the content is accurate. Involving a lawyer ensures that the document is structured in a legally sound manner, thereby reducing the risk of future disputes. For example, when specifying details like “child support is ○○ yen per month, with payment due on the 1st of each month,” it is essential to use legally correct expressions. Any ambiguous language or deficiencies could lead to potential disputes later on.
Do Lawyers Keep Copies of Notarized Documents?
As mentioned in the reader’s question, it is common for lawyers to keep copies of notarized documents. This way, if the notarized document is lost, the process for reissuing it through the lawyer becomes easier. This is another source of reassurance.
Conclusion
Divorce is a highly emotional process, and even if you believe that the agreed terms are sufficient, you cannot predict what will happen in the future. By hiring a lawyer, you can receive legal advice, prepare for future troubles, and ensure the accuracy of the notarized document. Above all, having expert support in situations where calm judgment is difficult is a significant source of peace of mind. Of course, hiring a lawyer incurs costs. However, in the long run, it can be seen as an investment to prevent future troubles. Especially when the amount of child support is high, the value of seeking a lawyer’s assistance in determining whether that amount is appropriate is considerable. Ultimately, it is essential to make wise choices to protect your future and that of your children. I hope to make the best choices in my life.
