Family law is an area of specialisation in law that deals with families and their relationships with each other. More specifically, it is involved in the establishment and dissolution of various familial relationships and the associated legal requirements for them. While mainly relating to legal conflicts, other contracts and arrangements between members of a family such as last wills and prenuptial agreements are also carried out under Family Law. The specifics vary based on jurisdiction but in general, the subjects under the governance of family law are matrimonial, finance, and child law. It is also closely linked to estate laws, mediation, immigration, naturalisation, marriage and divorce etc. Since it is a branch of civil law, it can coincide with events that normally fall under criminal law such as domestic violence and child abuse where in addition to the criminal case against the perpetrator, the victim can seek legal aid to receive reparations or claim damages as well. Practitioners that specialise in family laws such as family law advice Brisbane generally represent the interest with their client in a negotiation with the other party in order to reach a settlement before considering legal action, which can be both time consuming and expensive.
This is the most widely known and used aspect of family law. It refers to the dissolution of a marriage contract and often includes legal involvement because of conflicts arising from the division of property and the custody of children. The lawyers involved in these cases try to work with their clients and reach a settlement with the other party for a satisfactory outcome and if consensus cannot be reached will start legal proceedings. They will also be able to plan visitation rights for children and get a fair estimation for the value of property involved.
Adoption and Foster Care
This general has very little legal work involved but the verification process for foster homes and determination of adoption capability may involve a family law attorney. They are usually involved in the revocation of either of these privileges and especially if there are cases of abuse or neglect.
Prenuptial agreements are documents that detail the process of dividing property, custody of children and other aspects of the divorce proceedings that are signed prior to marriage. They are usually conditional and are used to protect the right and property of the innocent party in the event of infidelity or abuse. A family attorney may be consulted to dispute a prenuptial agreement if it was signed under duress or contains unfair contract terms.
The involvement of children in a divorce process usually ends with more complications legally and requires the court to consider the needs of the children. They are usually prioritised over the wishes of either parent – the wishes of the children are considered when determining the custodial arrangement and visitation rights. The payment of child support is required from the party that does not get custody and is usually enforced to be courts.