Family law is the branch of law which deals with all matters related to family unit and other domestic relations such as surrogacy and adoption, domestic partnerships, civil unions, marriage, divorce, child abduction, child abuse matters, child neglect, child maintenance, child adoption, paternity cases etc. Family law would always be an integral part of the law process as several cases involving civil unions, alimony, prenup etc continue to exist everywhere. Seeing as family law matters are often touch issues, the attorneys advise that it should be approached with care. Often times, the cases involve the lawyers acting as intermediaries and counterparts to the parties involved. If the cases make it court, the presiding judge often time tries to get the parties involved to settle outside court so that relationships formed do not end up getting broken. The substance of this type of law varies from one jurisdiction to the other because the principles that underpin it are largely borrowed from the society.
For example, in societies where same sex relationships are not accepted, this kind of law requires that such union cannot be recognized as marriage in courts of law. Certain aspects of family law have experienced a total turn around in a bid to have better resolutions. If a couple has spent some time together in a relationship for a long period and have also lived together some laws might recognize it as being the same as a legal union.
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A method now often used in family law is the collaborative method which is a legal process enabling couples who have decided to separate or end their marriage to work with their lawyers and, on occasion, other family professionals in order to avoid the uncertain outcome of court and to achieve a settlement that best meets the specific needs of both parties and their children without the underlying threat of litigation. Collaborative law allows the parties in a marriage or proposed civil union to take the control of their destiny by hiring family lawyers committed to the process of resolving disputes in family and relationships within family setting amicably through discussions and negotiations without the courts being involved. The reason why modern family law discourages the parties from going to court is that courts decision have win-lose outlook. Court cases are often costly and take a long amount of time before a resolution is made.
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The use of collaboration in family law ensures that relationships are maintained and not broken. If both parties intend not to settle outside court, their legal counsel in family law can both decide not to represent them.
Where collaborative family law has been applied, resolutions are often to the favor of the parties involved. In some instances, it has successfully reconciled parties who would otherwise have divorced had the matter been decided by the courts. With the advent of collaboration in family …