Family law involves a number of services that require legal expertise. Some of the offerings include mediation, children’s issues and parenting orders, property settlements, prenuptial agreements, and urgent recovery orders.
For example, in the case of an urgent recovery order, you may need to apply for the order if your ex-partner does not return your children, as agreed. If this happens to you, a lawyer can assist you in preparing an application, affidavit, and all the necessary paperwork for submission to the court.
Recovery applications are usually dealt with immediately by the court system. Therefore, you need to act quickly to ensure little time has elapsed between the breach and the filing. Indeed, time is of the essence when an ex-partner elects to take your children and relocate without your express permission or an order from the court.
Family law also entails the formation of agreements that can be used in case of separation or divorce. The Family Law Act in Australia now allows people to enter into binding financial agreements that can be used in case married partners separate. These contracts, also known as Section 90 agreements, are commonly referred to as prenuptial agreements, or prenups. These kinds of legal contracts are complex, and therefore require a good deal of negotiation between the parties and their solicitors. Therefore, each of the parties needs legal representation to ensure that their contract is binding.
In the field of family law, it is often necessary to use mediation in order to resolve matters. Legal experts at CG Family Law in Adelaide often use this form of negotiation to settle a dispute. Mediation may be used in such instances as child custody, or in settlement issues that have to do with property. The job of the mediator then is to bring each party together to reach a mutually beneficial outcome.
As mentioned, property settlement is another area covered by family law solicitors. Whether you are in a de facto relationship or married, splitting joint assets can become a rather complicated process. The outcome of a property settlement dispute often hinges on the circumstances surrounding a case, such as the length of a relationship, the future financial needs of each party, and the contributions made by each of the litigants.
Where Cases are Tried and Settled
In Australia today, most family law applications, such as children’s issues or property settlement cases, are filed in the Federal Circuit court. More detailed applications, such as child abuse allegations, which are part of the Magellan List, are handled in the Family Court. The Magellan List involves matters that entail serious allegations of physical or sexual child abuse.
The Magellan process begins by creating an interim order to protect the child until the matter is brought to trial and ordering the proper reports and paperwork. As these matters involve a great deal of documentation, you need to rely on a trusted solicitor who specializes in family law matters.
As you can see, the services offered by family law solicitors are numerous and varied. Therefore, choose a firm that is committed to the process, and whose sole desire is to serve as your advocate.