< Go Back What Are Some Examples Of Family Law? Posted: Jun 30, 2021Family law covers a whole host of issues and legal difficulties that are experienced in a home setting. These cases are separated into 3 specialist sections: matrimonial, financial, and child law.
Family law solicitors work under the Family Division within the High Court. Family Proceedings Courts are presided over by District Judges for matters that are of lower concern or urgency - such as divorce or separation. However, specialist Magistrates Courts can deal with issues referred by child services, local authorities, or NSPCC if the case involves abuse or the welfare of a child.
Reasons To Hire A Family Law Solicitor Divorce & Separation Dealing with divorce or separation of a family is one of the largest areas of family law for a family law solicitor. This involves pulling together documentation based on financial splits, sale of houses, and dealing with child visitation rights. Each party will hire its own solicitor to act on their behalf.
Documentation for housing, insurance, and any other financial matters will need to be gathered and signed based on a mutual agreement. In more severe cases where a split isn’t amicable, the family solicitor may need to act as a mediator between the parties. Custody battles could also ensue, which would require the solicitor to advocate in court.
Custody Disagreements Original child custody agreements usually go through with the divorce or separation initially. However, if the financial situation of either parent changes, custody, and childcare payments can be altered at a later date.
Custody agreements may also be called up for review if there are any issues regarding child abuse or child welfare. Child support payments can also be requested by one parent if the other parent isn’t present from birth.
Domestic Violence Domestic violence can come to family court as part of a separation or divorce, which again, could result in a child custody agreement. However, there may also be issues of restraining orders or court hearings regarding the violence itself, which the family solicitor will need to witness and potentially advocate for.
Adoption The adoption of children will require a family law solicitor to ensure that the child can live with the chosen parents and that any documentation is correctly amended to view the adoptive parents as legal guardians. Without this, the birth parents may still have the right to see the child at a later date, which could cause welfare issues with the child. Fostering, however, doesn’t necessarily require legal representation as long as the fostering party is qualified.
Financial Settlements Financial settlements are part of family law but aren’t always a result of divorce or separation. It could be a case of separating assets between two related individuals living together, for example, brothers and sisters residing in the same household, or the disputed division of assets or life insurance as a result of a death in the family.
Financial settlements may also cover amicable divorces or separations if one party has chosen to leave financial assets with the other party, for example, a parent may want to resign their ownership on a mortgage and sign over to the other parent.
If you’re struggling with a family matter, even if your situation is amicable, get in touch with Fosse Law family solicitors, so you can ensure you get the best outcome. For further enquiries on our services call us on 01162 620290 or fill out our contact form to be contacted by a member of our highly trained team of lawyers.
