A well stabled society, cultured and refined to follow the laws of a nation is a clear indication that the citizens morally abide by the legal foundation laid by the supreme authority. Subsequently, while all the citizens are entitled to basic rights, they are responsible to fulfil a set of duties. Understanding this phenomenon can be both easy and difficult, depending from person to person. The conflict between rights and duties is an endless arguable topic, the scale for which is quite unbalanced. While some people are strong believers in rights, some people believe in completing their duties. This is a major cause of disparity among societies across the world. The supreme law courts were therefore formed to keep a balance in society. Amidst all important laws, the significance of family law can never be ignored.
A brief on family law
A family issue that requires legal interference is usually categorised under family law. This law fundamentally deals with problems between family members that are either connected through a blood relationship or with the bond of the marriage. Sometimes, family law courts help people in resolving matters related to responsibilities that should be divided among family members. Furthermore, there are three core areas where Family law is divided into. These core areas cover issues related to marriage, child care and custody and financial settlement among family members.
The most common cases that cover matrimonial issues are divorces, alimony and domestic abuse. These are followed by child custody including the support fund for the child, child visitation and child abuse. Some of the family law cases also cover property settlement among siblings and other members of the family. Family law cases are prevalent among all the laws that exist in the legal world which is why the courts are always flooded with people. The sensitivity of the matters requires expert legal advisers to be hired so that the cases can be solved with the utmost intricacy. The best family law solicitors focus their entire career on practising cases related to this category because of how challenging these cases are.
The importance of family law
Family laws are different in every country, every state and every county. However, these laws are especially designed to help people in resolving their private and sensitive problems, most amicably. Irrespective of the country, the purpose of forming law is only to provide people the rights they are looking for and the duties they should be performing. Sometimes, most of the cases are resolved within the parties even before it reaches the court. This is carried out by attorney and solicitors from both the parties through negotiations. If you don’t want your case to reach the court, a great way to go about it is to hire the Best Family Law Solicitor in Cork to perform negotiation on your behalf.
A good attorney can guide through the law and the best measures you can take in your current situation. Additionally, you can prevail from reaching to the final court if you know that you don’t have a strong legal suit. You can chalk out a plan with your legal adviser and document every piece of important paper that you will need to present in the court, in case you have decided to knock the door of the court. On the contrary, if you are more inclined towards going for a settlement, your attorney can inform you the best way to resolve the matter outside the court. Once you have decided the course of action, your attorney can organised your documents to either file them in the family court or prepare them for settlements against the prosecutor.
In this section, we will discuss the most common areas of family law:
Filling divorces
Divorces can be emotionally traumatizing and can be even more tortuous if things don’t go right legally. To handle the matter with extreme sensitivity, it is important that you hire the Best Family Law Solicitor in Dublin. In simple words, while carrying out the divorce procedure, both the partners can hire expert legal help and let them take charge. This way, both partners can amicably settle down the divorce in the most practical manner and outside the jurisdiction of the family court. In some cases, divorces can take place without going through a trial. Couples that opt for prenuptial agreement can avoid getting into legal formalities. Couples who didn’t sign this agreement should carefully divide the responsibilities, alimony, child custody, child support and visitation.
Taking child custody
The hardest part of going through a divorce is deciding who takes custody of the child/children. The truth is that both partners equally love their children, irrespective of their feelings towards each other. An experienced attorney may be helpful in keeping the situation under control, especially when there is a lot of emotional involvement. While it is advisable for both partners to come up with a agreement of taking the child custody themselves, things mostly don’t work out without legal help. In such scenario, family law plays an instrumental role in coming up with a solution that is practically appropriate and the one that is best for the child. Sometimes, the court decides the most effective way of taking care of the child by offering the custody to one parent and legal custody to another.
Prenuptial agreement
Sometimes, the most celebrated marriages fall apart and unfortunately land in the hands of family courts. As harsh as it may sound, a few couples prepare a prenuptial agreement before actually getting married to avoid getting into legal troubles if in case they decide to part ways. In situations like these, attorneys from both the parties prepare a agreement that covers the share of property, assets and other financial things that will be held by the couple in case they decide to separate. This agreement mostly states the alimony and the responsibility they will be sharing for their child/children or the business ( if there is any). This agreement is imposed on both the parties and is irreplaceable by any other document.
Domestic abuse
Family courts come across the most absurd cases of abuse on a person from their own family members. This can be categorised into both mental and physical torture on an individual. When people decide to take legal help, they normally knock the family court door to reserve their rights and punish the people who have been abusing them. Family law covers domestic abuse by protecting the citizens and providing them safety. Family law solicitors can guide the victim on the necessary steps they can take to file a suit against the abuse and also inform them of the risks involved. If you have a good attorney by your side, you can explore multiple options of either resolving the matter outside the court or filling for a trial.
Family law came into existence to help people resolve matters against their own family members by enforcing human rights. As citizens of a legal entity, it is the moral duty of everyone to abide by the laws and make sure we fulfil our responsibilities and duties. The basic awareness of this topic can really help people in avoiding tumultuous situations for a peaceful life.