Whilst family law is always a sensitive subject, it doesn’t need to be as difficult to understand as it first seems. Whilst we all wish that we never need to be involved in a family law case, it’s always good to be prepared for the worst. Read our useful guide to understand the basics of how family law works and what to look out for.

What is family law?

To put it simply, family law is the legal procedure surrounding anything related to family matters and domestic issues. This can include marriages, divorces, child custody, and adoption among other matters. Due to the highly sensitive nature of these issues, a separate legal procedure is followed through family law. More often than not you will need to hire lawyers or attorneys who specialise in family law to deal with these types of cases.

How does family law work in practice?

Family law often encourages matters to be resolved outside of the courtroom where possible. As well as representing you in the courtroom your solicitor will also represent you to reach an out-of-court settlement. This is especially the case when dealing with divorce or separation. If issues are still unable to be resolved, family law puts in rules and procedures on how the disagreements should be settled legally.

When it comes to parenting, family law will always maintain what is considered to be best for the children. In cases of divorce, an irreparable collapse in the marriage must be evidenced in order for the case to be settled. Also, in many cases, a period of separation must be observed before the divorce will be settled through the family courts.

How do family courts work?

Due to the incredibly delicate nature of these cases, family law is treated differently from common law. Family law cases are very rarely conducted in public – this is to avoid causing any additional trauma to what is an already very anxious time for many people. Our friends at Attwood Marshall can offer even more great advice on what to do in these types of circumstances, you can view their website by following this link attwoodmarshall.com.au to assist you further. When it comes to accessing information about specific cases, family law is uniquely placed in the legal system. Access by the general public to any information regarding family law cases is always blocked and there are tight regulations that restrict any media coverage.

Any unauthorised disclosure of information directly associated with a family law case can lead to heavy fines and potential imprisonment if the welfare and security of anyone involved is put at risk. Any information that is made available to the public is often heavily redacted and will include aliases for the associated parties.

Family courts can often be accused of working outside of what is normally accepted in an open democracy when it comes to freedom of information but this is to protect those involved, especially minors. Whilst from the outside this can seem quite murky the reality is that any family legal case is conducted with the exact high standards that you can expect with any regular case going through the courts.

What do family law solicitors do?

Family law solicitors are there to assist you through the process as much as possible. When deciding on who to guide you through the process make sure you choose a solicitor with experience in this field of law. As mentioned previously, this area of the law is dealt with differently and it’s important to have an expert on your side that will represent you effectively and will do their best to reach the outcome you want. Family solicitors should be able to give you detailed explanations of what will be expected from you during the legal process as well as give any upfront warnings to difficult issues that may arise throughout the case.

Your family solicitor should be your first point of contact for any questions you may have about your case. It’s also important to emphasise that all contact between disputing parties should only be conducted through the family solicitor. Any unauthorised contact with the other party could affect the ability of your solicitor to represent you fairly and could in turn lead to the case being lost or adjudicated against you.

So there we have our basic guide to understanding family law. Without a doubt, this is a deep and complex piece of modern law but hopefully, we have been able to provide some clarity to this sensitive subject by answering your basic questions.

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