Family Law Explained

Family law is the branch of law which deals with all maters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases, child visitation rights, child custody, alimony, division of family property, etc.

All courts in the world have reported increase in family law as parties divorce, adopt children, contest paternity suits, etc.

According to family law lawyers, this branch of law is different from the other branches because it touches on sensitive private matters. Sometimes, the family lawyers act as counselors, mediators, conciliators, negotiators, etc. The courts that adjudicate on family law matters sometimes also act mediators as they try to reconcile members of the same family to solve their issues is amicably so as to preserve their relationship.

The substance of this type of law varies from one jurisdiction to the other because the principles that underpin it are largely borrowed from the society. For example, in societies where same sex relationships are not accepted, this kind of law requires that such union cannot be recognized as marriage in courts of law.

Like all the other branches of law, family law has undergone many transformations in an attempt to address the mediate issues in families. For instance, most societies have attempted to legalize ‘come we stay’ relationships if the parties involved live together for certain period of time.

One if the most popular modern trends in family law is the collaborative law which refers to structured process which provides parties seeking divorces or parties involved in other disputes an alternative names of resolving their dispute rather than a going through the costly, lengthy litigation process in courts. Collaborative law allows the parties to marriage or proposed civil union to take the control of their destiny by hiring family lawyers committed to the process of resolving disputes in family and relationships within family setting amicably through discussions and negotiations without the courts being involved.

The reason why modern family law discourages the parties from going to court is that courts decision have win-lose outlook. The court litigation is also complex, and as is the case with all matters of law is costly and may take long time to solve the matters.

In collaborative family law, disputes between family members can be settled amicably so as to ensure that their relationship as family is preserved. The collaborative family lawyers agree that they will not represent their respective parties in court litigation if either party decides to go to court. In the jurisdictions where is has been applied, collaborative family law has achieved good results in the amicable solution of family disputes. In some instances, it has successfully reconciled parties who would otherwise have divorced had the matter been decided by the courts.

Collaborative family law is not only advantageous in holding together families but also less stressful for the family lawyers. It ensures speedy, amicable resolution of disputes within the family.

Family Law Solicitors – 10 Things You Need To Know

Family Law solicitors aren’t only needed when things go wrong in a relationship, although that’s when the majority of people turn to them.

Here’s how family law solicitors can help you.

1. If your marriage has broken down, and you’re instigating divorce proceedings, you’ll want to make sure that you get the right legal advice and assistance. A firm of family law solicitors will be able to help you.

2. If you’re not married, but have decided to call it a day and you’re your relationship, there may be a house and other assets involved. You’ll want to speak to a family law solicitor who specialises in separation so that you get what you’re entitled to.

3. Many divorces and separations involve children. If you need legal help regarding access, schooling, or holidays, then you’ll want to speak to experienced solicitors.

4. Custody battles are not uncommon, and so if your ex spouse is threatening to move house, or stop you seeing your children, or moving in with a new partner, you’ll need to make sure that you do the best for your children, and that you know your legal rights.

5. Resolution is a family law association that promote a non confrontational approach to resolving cases involving children. If your family solicitors are members, then you will be persuaded to talk to your ex spouse in order to try and come to a suitable agreement.

6. You’ll want to know more about cohabitation law if you’re planning on moving in with your partner, so that you both know where you stand legally, and what to do if things don’t work out.

7. If you’re thinking about undertaking a Civil Partnership, then you’ll need to make sure that you know what’s involved and your legal rights.

8. Inheritance claims and disputes can upset within families. If you want to dispute a claim, or need ensure that you or your children are adequately provided for if you were financially dependent on someone who has died, or want to know more about inheritance tax, then you’ll want to speak to a family law firm.

9. Pre nuptial agreements are becoming more and more common, and although they are not yet legally binding, recent cases have shown that judges are taking note of them, and acting accordingly. If you want to make sure that you’re protected before you get married, it’s a good idea to speak to a family specialist firm.

10. There are many financial implications associated with family law, including having to sell your home if your get divorced, inheritance tax, other assets and pensions. You’ll need to make sure that you get the advice you need so that you’re not out of pocket.

Now you know more about it, you’ll be able to get the family law advice you need in order to help you out.

How to Choose a Family Law Solicitor

If you need a family law solicitor, then you’ll want to make sure that you get the right one to meet your needs. Maybe you have a firm of solicitors that you use for property matters, but will they be the best people to hel with your divorce?

Find out what you need to know

1. A law firm that specialises in family law, will be more appropriate than one that specialises in personal injury claims, or construction law. Perhaps your current solicitor can advise you of another firm, if they don’t provide the services you need.

2. Make sure that you find out how much experience the law firm you are considering has had. Are they used to dealing with cases like yours, or do they normally deal with other sorts of family law?

3. What sort of results have they had? Have they dealt with very similar cases to yours? Are they able to give you the assurance you need?

4. Your solicitor will need to be understanding, and sensitive to your situation. Because you need a family law solicitor, you’ll be going through a difficult and painful as well as very emotional time, and your solicitor should be compassionate.

5. Your solicitor will need to be concerned about your case, and not think of it as another divorce case. If you think that they might not be taking your case as seriously as you do, then perhaps they are not the right solicitors for you.

6. Your case will need to be handled in a professional manner. You want your solicitor to give you’re the help and advice you need without being patronised, or assuming that you know exactly what’s going on and what will happen next.

7. If your solicitor doesn’t ring you back on time, or takes a long time to respond to emails or letters, then perhaps it’s because they are busy, or perhaps it’s because they don’t really value your case.

8. If you’re going through a divorce, then you’ll want to make sure that you get what’s entitled to you, and that your solicitor is capable of representing you properly.

9. Family law will affect the children, so it’s important that the disruption and feuding between partners is kept to a minimum. An experience family law solicitor will be able to help and advise you when it comes down to your children.

10. You might need to visit several family law solicitors in order to find the right one for you. You shouldn’t necessarily base your decision on location or price. If you need a family law solicitor, then you want a good one.

Now you know more about how to choose one, perhaps it’s time for you to hire a family law solicitor.

What Are Personal Injury Lawyers?

Personal injury lawyers can help you claim compensation if you’ve suffered an injury which wasn’t your fault. Read on to find out how.

What is a personal injury claim?

When you suffer an injury, there can be some serious repercussions. You might be in pain, you may need to take time off work to recover and there might also be some medical expenses to pay. If your accident was the fault of someone else, you are entitled to claim money back from them for various costs and inconveniences with an injury claim.

How can an injury lawyer help?

Personal injury lawyers are employed by members of the public who have suffered an injury which wasn’t their fault. The lawyer represents the claimant and put their case forward. They will be able to sort out paperwork and negotiate with the other side on the injured person’s behalf. A personal injury lawyer will always work to win the compensation from the other side which will help with any losses, financial or otherwise, the injured person has suffered because of their injury.

How much does a personal injury lawyer cost?

As with the majority of legal matters, injury lawyers do incur a cost. However, thanks to the no win no fee system of personal injury claims in the UK, a person claiming compensation for their injury will not usually have to pay a single penny in fees or costs. The personal injury lawyer will be paid if the case is won, but this expense will be claimed from the other side. If the case is unsuccessful, the lawyer will not be paid for their work. As a result, it is possible for injured parties to claim compensation from the person or organisation at fault without any costs to themselves.

How can I find a personal injury lawyer?

There are many law firms offering personal injury services in the UK. However, if you are not knowledgeable about how to make a compensation claim, another way to find representation for your case is to go through a claims management company. They will be able to recommend a suitable injury lawyer in your area who will be able to represent your case. A good quality claims company can also help you to understand the process of claiming and give you an idea of whether you will be eligible to claim.

Will I have to go to court?

Some people are concerned about the possibility of having to go through the intimidating experience of giving evidence in court, and some compensation claims do end up with a court case. However, in the vast majority of cases, the other side will be keen to settle before this happens. This is because any costs incurred during the case will be theirs to pay if your claim is successful. It is therefore in their interests to prevent a costly court case from happening by settling out of court.

What about all the paperwork?

Another concern people have when considering claiming is the idea of filling in lots of paperwork. Again, this need not be a concern, as the majority of paperwork will be sorted out by your personal injury lawyer on your behalf.

Family Law – Know the Issues That May Come Up

The family law is said to be a uniform law that covers all aspects and issues that may have risen through blood line including marriages and divorce. It was from 1970s that family law started evolving at good speed. Before that, this law was based on European Feudalism. Before 20th century, it was a law that after marriage husband would be the owner for wife’s all properties. In 1900s, there were major changes where there were judicial divorces rather than legislative ones. But after 1970s there were major subjects that came under this law and that was going to be there for longer period. It was by end of 1987 that there were no fault divorces being recognized. All states adopted this and divorce process was made much easier. There were some of the professional and traditional advocates who used to oppose this, as they thought new modes of divorces led couples to easily resort their marriages. They thought that as there were easier options in front of them, the couple did not give each other a chance to solve their personal issues without undergoing divorce process.

Child custody is yet another case that comes under family law. It started from onset of 20th century when law started changing to allow male custody and then it further lead to have joint custody. This law involves all matters that are related to status of family and the reputation of family too. Similarly there are other kinds of family laws that involve marriages, civil unions etc. A family law attorney tends to be a great help when you are fighting against any kind of family law. Each of the state has its own kind of laws that protects the demands of normal human beings. These type cases are some kinds of cases that need emotional handling and they needs to be dealt with very sensitively. It might need some kind of mediator or a good attorney who can actively get you out of this law related issues. When you look in to family law, you must make yourself sure with reasonable answering with any kind of question that may have been asked by you. Sometimes, it is better to let emotions guide your feelings. So you must let yourself do this.