Family law as the name suggests is the law that deals with any matter which is related to the family. This also includes matters in connection with adoption, civil unions, surrogacy, divorce, maintenance, visitation, marriage, kidnapping, matters of child abuse, alimony, property division, etc.
Lawyers specializing in family law
Lawyers specializing in family law state that this branch of law stands apart from other branches mainly because many times, this branch deals with extremely sensitive issues and that too extremely private ones. A family law lawyer plays multiple roles as he acts as a mediator, counselor, negotiator and more as the situation demands. Many times, the family courts also play a mediator role as they urge and convince the family members to reconcile and resolve their problems amicably so that the relationship does not break apart.
Another unique thing about family law is that the rules and regulations change as per the jurisdiction. This law mainly operates on the society’s ideals. For example – If a particular society does not accept same-sex relationships, the family law of that jurisdiction will not accept same-sex marriages as legal.
The Family Law
Over the years, family law has also undergone multiple changes, mainly with the aim of addressing the issues faced amicably. One of the well known current trends in family law is that of collaborative law. This essentially means a structured process that gives parties involved in disputes (e.g. divorce) an alternative means to solve their issue rather than going via a lengthy court procedure – which is both time and money consuming. Collaborative law gives provision for parties to hire family lawyers who are committed to resolving family disputes peacefully and amicably through negotiations and discussions.
This does not involve the court. A court usually looks at a case through a win-or-lose attitude. A court procedure also involves complex litigations that are time-consuming and expensive. The family matter may drag on for a long time.
Collaborative family law
Collaborative family law allows disputes between family members to be settled peacefully and amicably and also not widen the rift in the family. There are multiple family law firms like Thomas, White & Gill that provide family lawyers who can help resolve issues amicably. Collaborative family lawyers from such firms (of both parties) usually discuss and negotiate and agree upon the fact that they will not represent their sides in court in case either side decides to take the matter to the court later (despite discussions staring otherwise).
Collaborative family law has received a good response in jurisdictions where it has been put to force. Many families have been able to amicably resolve their disputes using this branch of law. In multiple cases, collaborative family lawyers have managed to reconcile parties that would have otherwise resulted in a divorce in case of the matter being decided by the court.
Thus collaborative family law is extremely helpful and useful in holding together families through a dispute. It ensures that problems within the family get sorted within the family itself in an amicable manner.