What Family Law Is All About
The branch of law dealing with matters relating to the family and related domestic relations like adoption and surrogacy, domestic partnerships, marriage, civil unions, divorce, child abuse, child neglect, child adoption, child maintenance, child abductions, child custody, and child visitation rights, paternity rights, division of family property, alimony, and many others is family law.
Every court in the world reported an increase in the practice of family law since more couples file for divorce, adopt kids, challenge paternity suits, and so on.
Family law lawyers say that this branch of law is unique because it deals with more sensitive and private matters. There are times when practicing family lawyers likewise take the role of counsellor, mediator, conciliator, negotiator, among others. The courts that hear family law cases likewise act as occasional mediators when they attempt to reconcile family members to solve their problems in an amicable manner to preserve their relationship.
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The scope of family law depends from jurisdiction to jurisdiction since principles they uphold are often dependent on the ones observed by the society at large. For instance, societies that do not accept same sex relationships also shun same sex marriage and does not recognize it as marriage in the courts of law.
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Like any other branch of law, family law has gone through a long list of changes so it can address and resolve family concerns. For instance, many societies tried to make cohabitation legal if the parties involved have been living together for a definite length of time.
One of the most trending practice in family law today is the collaborative law that pertains to the structured procedure giving people seeking for a divorce or filed a case in a family court another option of fixing their problem without having to undergo a costly and time-consuming litigation in the court. Collaborative law lets parties to proposed civil unions or marriage to take charge of their fate by seeking the services of a family lawyer who will help them resolve their disputes in family and relationships amicably within the family by discussing and making negotiations without involving the courts.
The win-lose outlook of a court decision is the reason why modern law does not encourage parties to go to court. The process of court litigation is quite complicated and financially straining too, on top of that, it takes a long time before the court can come up with a decision.
Disputes among family members can be settled amicably in collaborative family law to ensure the relationship is not tarnished. Collaborative family lawyers agree to be the lawyer of their client in case one of the parties decide to go to court. Collaborative law reduces the stress among family lawyers while making sure families stay together until the end. It makes sure that families get a speedy and amicable resolution of their disputes.