Hire now a Family Law Attorney for your Family disputes!
What is Family Law? As the term itself explains, it is a specific area in law that deals with the issues faced by a family. There is a wide range of issues involving family relationships, the most common ones are; child custody, need for adoption, property claims, distorted marital status and divorce. An Attorney practice Family Law holds the responsibility of representing his/her client in family court proceedings and in related negotiations. They handle legal documentation for their clients and draft important documents like court petitions or property agreements.
Following are all the important aspects of Family Law discussed that one needs to know. Let’s take a look.
What falls under family law?
The matters which are generally covered by the area of Family Law in Perth include; separation, annulment, divorce, child custody, adoption, visitation rights, distribution of assets and financial settlements, domestic violence, child abuse and neglect, guardianship, surrogacy, paternity, and juvenile law.
To be much more specific, the children’s section under Family Law deals with the conditions of a child after their parent’s failed marriages or de facto relationships. Thus, the court that practice Family Law make provisions and arrangements for the child which includes; parenting arrangements, custody and residency, relocation, and restraining orders or child protection. Moreover, this section also includes child protection proceedings in case of child abuse and child neglect.
The property and financial settlements that are followed by a breakdown of marriage is also a crucial part of Family Law. The law is responsible for dividing the real property regardless of its complexity, superannuation with other financial assets, and providing assistance in safeguarding the divided assets for the better good.
Divorce can be an emotionally challenging time for the spouses involved in it, especially with all the financial and legal issues that accompany them. The courts assist these couples in filing divorce under certain conditions, and deal with other matters that are interlinked with this process, which are; spousal maintenance, child support, and financial resolutions.
Juvenile Law handles matters relating to minor that indulge in delinquency, status offenses, juvenile adjudication, and emancipation.
Legal terms commonly used
Emancipation is the term used for the court process by which a minor accepts adult responsibility, becomes self-supporting, and is no longer under the care of his/her parents. Marital Property describes the concept of property claims made by either spouse that is liable to division upon separation. Alimony is the allowance that is provided by one spouse to another when going through a legal divorce procedure. Prenuptial agreement is one, which is made between two people before marriage to give rights to each other on one another’s property on the account of death or divorce. Child custody represents the determination of a parent’s decision in dividing their parental responsibilities. Adultery is the term used to describe extra marital affairs and sexual intercourse. And the list just goes on.
Reasons to hire a Family Law Attorney
As already described above, Family Law is a broad area of practice. A legal representative in the aforementioned critical conditions proves to be blissful for the people directly or indirectly related, ensuring a proper representation of their loved ones in court and all other legal proceedings. A divorce attorney that is hired for each partner devises a settlement plan, show particular skills in dividing marital property, proposing a plan for child support, and calculating spousal support. In other situations there are parents who decide to adopt a child but, due to varying adoption types and processes, and differences in state law, only an attorney can provide clear guidance to avoid any interference.
Related practice domains
Family Law is often found to intersect with other legal practice fields. For example, in situations which involve child abuse and domestic violence, a criminal investigation has to be carried out. Meanwhile, the family courts determine ways to ensure safety and protection of those involved. Mediation and Collaborative Law is another related practice area to Family law; it is an alternate course of action to traditional courtroom for resolving disputes. In collaborative setting the couples follow a negotiation or mediation process where the parties sit together with their respective attorneys, talk about their issues and work towards finding the right solution.