It’s difficult to have to think about the legalities of certain things that concern you and your family, but it needs to be done. This is why you need to take the time and really look into what you should pay attention to when it comes to the law and how it affects your life and those you care about. The legal field is broad and lawyers specialize in different sections of law. Family law is one critical area that involves different matters related to family, marriages, and children. The issues covered are complex and difficult to resolve. This is the reason why family attorneys are specialized in this field. Here are some important things you should know about family law.
Area of Specialization
Family law covers all matters related to family issues. However, many family lawyers will agree that their practice mainly focuses on three areas: divorce, finance, and children. Family lawyers spend most of their time-solving disputes over custody, wills, and other related documents. Lawyers who practice family law have specialized knowledge in this field, and they also possess basic skills required in other legal areas. These skills include critical thinking, verbal and written communication, analysis, and time management.
A family lawyer should possess strong “people skills” since they deal with deeply personal issues. It is a must for the attorneys to relate constructively and calmly when dealing with people. Handling issues that include custody disputes and divorce can be challenging. These cases mainly involve personal details of other individual’s lives. Family attorneys use their exceptional empathy and legal expertise to navigate emotional issues.
A Competent Lawyer is a Good Negotiator
Reliable lawyers are good negotiators, and they try by all means to avoid a court case where mediation could be used to resolve the dispute between different parties. Lawyers who provide services in many areas should possess excellent negotiating skills in handling various cases. Experienced legal specialists at BSM Lawyers say that expert lawyers must pride themselves in good communication. A good attorney can listen to the clients and keep them informed about progress in their cases. When dealing with different clients, lawyers must show compassion.
Children Have More Legal Rights than Parents
Another crucial thing that you should know about family law is that when it comes to children, the parents have responsibilities and no rights. When solving the issues of child custody, no parent can demand more rights to be with the child, regardless of what they contribute. The law protects the children and places responsibilities on parents. The parents involved should agree on the time they can spend with the children, or a court decides in the best interest of the kids. For parenting purposes concerning child custody, consider what is right for the children.
Everything to be Included in Shared Property
When you have filed for divorce, all assets and liabilities that you possess should be included in the property pool. Regardless of who bought what, everything that you co-owned as married partners should be accounted for. However, this does not necessarily mean that everything listed will be divided equally. All assets add to the value of the property pool. Loans and credit card arrears must also be included to provide a clear picture of what is owed and how it will be repaid.
Mediation Precedes Court Trial
Couples are encouraged to try mediation before considering family court proceedings in children’s issues. However, in a situation where mediation may not be possible due to the risk to the children’s psychological or physical welfare, or violence between parents, this rule can be waived. If mediation fails, the case can go to court. It is essential to know that family privacy is protected in all family law cases. As a result, the parties involved and their witnesses and legal representatives are the only people who attend the court cases. Any other person who wants to attend the court should get approval from the judge.
Binding Financial Agreements
Binding Financial Agreements (BFAs) are also called pre-nuptial agreements, and they include the following:
- Intending to marry under family law
- People who are married
- Partners who intend to engage in a de facto relationship
- Separated partners but not divorced
- Divorced people
If you intend to enter into this arrangement, it is a good idea to consult an expert family lawyer.
As the name suggests, family law mainly deals with family issues that include marriages, divorce, and child custody. When dealing with family law, it is vital to enlist the services of a specialized family lawyer if you want the best result in a family-related case. You should also know that children have more rights than their parents. Most cases involving families are usually resolved through mediation, although they can also go through a court process.