Family law is a very broad term and it contains many sub divisions. The generalization of family law relates to anything that is connected to families or the member of families in any way. Civil Unions, marriages, divorce, custody, alimony, child support, spousal or child abuse and even adoptions or cases of surrogacy.
A person, who studies family law, generally selects in which field they would like to specialize. This does not mean that they cannot perform work in any of the other fields; it just means that they have the most knowledge, experience and interest in their selected field.
Each of the fields is closely woven but each is guided by their own sets of rules and regulations as well as procedures that must be followed.
Civil union and marriages can be verified by a family lawyer and any contract relating to that marriage such as pre-nuptial agreements will be drawn up and signed in front of the lawyer. These legal documents are then filed with the local authority.
Divorce is a process put in motion by one partner in most cases. The lawyer will meet with the complainant and every piece of information possible needs to be divulged in order for the lawyer to put together a summons and have sufficient grounds to have the divorce approved in a court of law. Obviously if the other party decides to defend then your lawyer will have a bigger task on their hands and will have to appear in court for you.
In most cases of divorce there are children involved and there needs to be a legal document stating who will have custody of these children and how the visitation of the other party will be controlled. The court in most cases favors the mother as the legal custodian unless there is reason that can be proven that the mother in not fit. Any defense or fight that ensues for custody of the children is where the game can become nasty and very emotionally tense. The lawyer needs to keep a cool head and try to remain objective in order to get the job done.
Alimony and child support are enforced by the court. The agreement is reached between the parties involved and a legal document is signed. Any deviations from said contract are enforceable by law.
Spousal and child abuse whether it be mental or physical is the part of family law where it becomes extremely difficult to maintain an emotionally detached approach to the case. These are real people who have been hurt and have come to the lawyer for help.
Family law in Brisbane is by no means easy on the emotions or the workload. In this modern time it seems that there are very few are willing to work on a marriage to correct it and it is all too easy to divorce and move on. In many instances the claims are warranted and it is the lawyer’s job to ensure that justice is served in every sense of the phrase.