Family lawyers are trained specifically to deal with legal matters concerning the family. Such matters include marriage, de facto relationships, separation, divorce, spousal maintenance and child welfare, in case of a relationship breakdown. In Australia specifically, the Family Law Act 1975 and its subsequent amendments, covers most of such family matters. In most cases, you may not need a family lawyer until a relationship breaks down. That is because the process of marriage, or getting into a relationships rarely has any conflicts involved. Real issues rear their ugly head when the relationships has conflicts or ends. The following circumstances are usually resolved under the Family Law Act according to the best family lawyers Brisbane.
Divorce and Separation
In order to secure a divorce or separation from your spouse, you will need a family lawyer to help you wade through the processes involved. You will be required to give justification for the divorce or separation. Justification includes things as serious as violence by your spouse, or as simple as incompatibility. Even issues such as yelling at each other constantly are considered sufficient grounds for separation or divorce. Remember, same-sex relationships are also considered legal unions in Australia.
Child Custody and Spousal Maintenance
If there are children in the union, there will be a need for one of the parents or guardians, or both, to continue taking care of the children. This is called child custody. In many cases, the partner who is seen to be most likely to care for the children is given custody over them. That is why it is important for spouses to engage family lawyers during separation proceedings. Each party would not want to be seen as the bad guy in the marriage. On rare occasions, the children are separated, so that each partner takes care of a child or children. However, in most cases the children will be kept together under one spouse, and the other allowed to visit them occasionally.
Spousal maintenance, also known as alimony, refers to one partner paying the other some amount, to keep the partner going, and for the upkeep of the children. This amount is determined by the court and involves a lot of haggling. The lawyers are the main players during this process, since they know the legal hurdles their clients have to overcome, to get the best legal settlement.
Property Settlement
Each spouse wants a share of what the family owns when they go their separate ways. Property settlement is a complex negotiation process that involves give and take. The fact that one spouse earned most or all of the family income, does not mean he is entitled to all of it. There role of the other spouse in supporting the income earner, is always taken into consideration. Consequently, each party must end up with something from the relationship, to keep going.
It is Important to Engage Family Lawyers
From the foregoing, it is clear that the parties involved in family disputes need the services of family lawyers to get the best outcome. Processes involved in divorce, separation, child custody, spousal maintenance and property settlement are complex and intricate. An individual without knowledge in family law may not wade successfully through them on his own.