Family law is a branch of civil law that deals with the relationships among families and issues arising therein. A family attorney is a lawyer that is well versed in family law and acts in the interests of their client to represent them and their interests in the event of litigation or other legal hurdles. Due to the nature of this branch of law, it is often associated with very emotional and personal cases, and those arising from abuse or hostility among family members. Therefore, while all lawyers seek to server their clients to the best of their ability, few do so with the emotional investment of family attorneys as they are often called to represent entire families, fractured families, people seeking to escape their abusive families, claim custody of their children etc. Family law itself is also a very broad topic and includes aspects from many other branches of law including taxation, real estate, marriage, and divorce etc. Many legal consulting firms that offer services in family law such as family law firms Brisbane offer consulting services for many of these auxiliary branches as they are closely related and may be the crux of a case.
Divorce is the dissolution of a marriage contract. It should be done such that neither party is disadvantaged disproportionately by the time spent married. It becomes even more complicated if children are present as the couple will need to decide who becomes their guardian. However, there may not necessarily be an agreement between the parties which begs the need of a family attorney. One of the services a family attorney performs is the arrangement of divorces, including property division, rights to children etc. Family attorneys are often contacted to serve divorce papers as well as respond to them, aid with rights for children, child support and grandparents’ rights. Assets are also generally divided upon divorce which the attorneys are expected to facilitate and represent their clients interests in order to reach a fair outcome.
A pre-nuptial arrangement is a contract by which the parties set a predetermined guideline to follow in the event of a divorce before the marriage takes place. This is often arranged to ensure that neither party is unfairly treated in the event of a divorce and making them aware of the effects of going through with a divorce beforehand. Pre-nuptials often have clauses that ensure that property is divided in a certain way, or the custody of children is given to the innocent party in the event of infidelity and other similar conditions. Family attorneys oversee the process and advice clients what the implications of accepting the conditions might be and how it stands to affect their interests.
Family attorneys are also responsible for the creation and safe keeping of wills of family members. Generally, a family would retain the services of a family law consultancy organisation or an individual attorney who is trusted with the execution of the family’s wills.