What does a family law solicitor do? The law is a complex field and family law is no different. In this article we’ll examine the work of family solicitors.
Family law is a complex field and given the different terms and terminology used, can sometimes be a confusing one to understand.
In this article we discuss what exactly a family solicitor is and what their work covers.
What is the difference between a family lawyer and solicitor?
In the UK ‘family lawyer’ is a broad term that encompasses anyone who is qualified and licensed to provide legal advice regarding family law.
So, a family lawyer can be a solicitor or a barrister.
What is a family solicitor?
Whereas a barrister usually engages in advocacy work inside of a court, a solicitor typically provides legal advice throughout the case. A solicitor can represent an individual, a family, or an entire organisation when it comes to family law. Their job is to explain the situation to their client and provide advice on what their best course of action is.
What does a typical family law case look like?
Most family law cases relate to finances.
This often means delving through bank statements and liaising with experts to discuss how best to meet the needs of a child. Family law cases can be both easy and amicable to settle but also contentious and drawn out. In either case, the advice and expertise of a solicitor is invaluable.
However, family law is a broad field, and it covers a wide range of different topics.
Areas covered by a family solicitor
A family solicitor at Oracle Law Clarkston covers a broad range of subjects, and there many circumstances in which you can find you require their services. Below we discuss just some of the matters a family solicitor can engage with.
Domestic abuse
Domestic abuse is one of the most serious matters which family law is concerned with.
Domestic abuse does not just cover physical violence and coercive behaviour, but also examines psychological and emotional abuse.
Legal aid is often available to support people facing domestic abuse.
Divorce
Divorce is by far one of the most common circumstances in which a solicitor is required. Unfortunately, marriages often break down and the process can be extremely complex and demanding.
This means it is important to have access to and to work with people who know how to handle everything from access to childcare and custody to the important financial arrangements. Divorce is one of the areas which requires tact and care.
Civil Partnership Dissolutions
Like marriage, civil partnerships can also breakdown. Civil partnerships must have existed for over a year before they can be dissolved. The primary difference between a divorce and the dissolution of a civil partnership is that the law currently only provides a single basis for dissolution – that the partnership has completely broken down.
Pre- and Post-Nuptial Agreements
These are written agreements made between a couple that is intending to marry or to enter a civil partnership. The agreement establishes a financial settlement that will be made in the case of a divorce (or in the case of a civil partnership a dissolution). It’s signed before the marriage (or partnership) takes place.
A post-nuptial agreement takes agreement after the marriage or partnership takes place and establishes the kind of financial settlement that the parties involved would be entitled to in the case of a divorce.
Cohabiting
There are many things for you to consider when you move in with someone, and a family solicitor can help talk you through the available options when it comes to who is paying for what and give you a full understanding of the legal minutiae involved when living with someone else in a shared property.
Children and guardianship
The laws surrounding children and their custody are very complex. They require a great deal of sensitivity to navigate properly. Family law regarding children concerns a huge range of different topics, including,
- Adoption
- Care proceedings
- Domestic abuse
- Foster care
- Surrogacy
If both parents were married at the time of a child’s birth, then they will both possess parental responsibility. Under the law this means they have all the rights (but also the duties) a parent would have to the child. If parents aren’t married, the mother automatically possesses parental responsibility. If a father’s name is on the certificate (post 1st December, 2003) he also possesses responsibility. Because of factors like this, laws regarding children can be incredibly sensitive.