Family law deals with the litigations and matters applicable to family relations. This includes matters like marriage and child custody. Since marriage is a social and legal contract, it falls under terms of regulation as prescribed by the law. That includes laws around who you can marry and the dissolution of existing marriages through divorce. Similarly, family law also includes matters of child custody and child’s rights pertaining to maintenance and care.
This article is an overview of family law in Ellenbrook WA to better inform you about your rights.
As the name suggests, family lawyers focus on issues that affect family relationships and dynamics. These include matters such as marriage, divorce, adoption, and child custody. Family lawyers are also responsible for drafting prenuptial agreements, wills, etc.
The following are some broad areas where a family lawyer can assist you:
Conceiving is not the only way of experiencing parenthood, and many people are warming up to the idea of adoption and surrogacy as not only a final resort due to complications in conception but also a desirable alternative altogether for people. This is especially helpful for same-sex couples and trans folks to be able to experience parenthood. As long as the individuals or couples, heterosexual or queer, can prove their ability to look after the child, surrogacy and adoption can be life-changing for the parents and children alike.
A consent order is a court order made through an agreement between two parties. As the name suggests, consent order family law requires both parties to give informed consent and acknowledge responsibility. These are legally enforceable and are used to hold parties responsible and accountable. Consent orders can be for parenting- regarding child care and maintenance or property- when it comes to property division and stipulation of assets.
This is one of the most common services provided by family lawyers. There are numerous instances in which a couple may need to terminate their marriage. Australia has a no-fault divorce system, which implies that parties do not need to provide any justification for them to be able to terminate their marriage. A divorce generally involves other settlements under the expertise of child custody lawyers, property division and, in many cases, domestic violence and abuse lawyers.
The Australian law recognizes the relationship of two individuals even without marriage. This is essentially considered a “marriage-like” relationship without actually being a marital contract. This is known as a “de facto relationship” and is treated like marriage. A de facto relation applies to heterosexual as well as queer relationships. A de facto relationship also enables a married relationship to include a third partner in a polyamorous relationship. Advice with de facto relationships falls under the expertise of de facto lawyers.
Mediation cases are a part of surrogacy when there’s a dispute over the child. Either the surrogate mother may want the child to be retrieved from the arranged parents, or the arranged parents may want to retrieve the child or children from the surrogate mother. These cases are overseen by mediation solicitors.
Surrogacy can be traditional, where the biological mother’s eggs are fertilized by either an arranged father or a sperm donor and gestational, where the eggs and sperm are externally fertilized, and the birth mother is not genetically related to the child.
Property settlements are a large part of family law as they are contingent on marriage, de facto relationships, divorce or property administration through wills after the death of a testator. The division of assets and liabilities in Western Australia falls under the Family Law Act 1975 and the Family Court Act 1997. Property Settlements are often judged on an evidential and case-by-case basis depending on the unique scenario of the family.
Family law covers an exceedingly large area of laws where each area percolates into others. Being infrared about family law is one of the first and foremost ways to secure and protect your rights and integrity. To know more about Ellenbrook family law, get in touch with the best family lawyers Ellenbrook, to guide you and clarify your doubts and concerns.
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