What Does Family Law Cover?*
There are a vast amount of family law companies offering their services to anyone who may be in need. However, a lot of individuals are not aware of what constitutes as family law and what does not. This blog post will clarify the basics of this legal area in order to give you a better understanding.
In general, family law relates to any law concerning family matters. Therefore, as you may imagine, there are a lot of areas covered. The three main areas of family legalities which will be discussed in this article are; divorce, adoption and parental responsibility.
Divorce is when a marriage has broken apart and cannot be resolved, therefore, it is legally terminated. There are various types of divorce, which all have different legal repercussions, for example, there is mediated divorce, no-fault divorce, and collaborative divorce. Divorce can lead to other family law related issues such as parental rights, maintenance payments, and the division of assets and wealth.
It is no secret that the rate of divorce has increased over the past few years in England. If you are going through marriage issues or are actively seeking a divorce then it is vital to be aware of the country’s divorce law. Family law solicitors are in their plentiful and seeking their advice is something highly advisable.
Before you actively seek out professional aid, though, it is a good idea to be aware of the basics of England’s divorce law, and experts will then do the rest.
In England, divorce will be granted based on whether the breakdown of a couple’s marriage is irreparable. To determine whether this is the case or not, there are five basis grounds for which divorce can be filed and attained upon. These are; adultery, two year’s separation with consent, five year’s separation without consent, unreasonable behaviour, and desertion.
The first ground for divorce mentioned is adultery. This is when one person in the relationship has contributed in a sexual relationship with someone who is not his or her wife or husband. The person who has committed adultery cannot file for divorce on these grounds, only the individual who has been cheated on.
Two years separation with consent is when both individuals have lived apart for two years and they have both agreed to do so. On the other hand, five year’s separation without consent is when the couple has been apart for five years, however, they may be granted a divorce even if one of them does not want one.
Furthermore, unreasonable behaviour is when one of the people involved in the relationship has done something that has made the other person find it impossible to be with them and live with them. This is not as straightforward as other divorce grounds because quantifying what constitutes as unreasonable behaviour can often be difficult.
Finally, the last valid reason for a divorce is desertion. This is when one of the individuals walks out and deserts the other.
Adoption is when someone who is not the biological father or mother of a child assumes for the parenting of the child and legally acquires the right to be their parent. There are a whole host of different types of adoption. One of the common types in family law is when a partner has remarried and their new partner wants to adopt their child, this is known as step parent adoption.
Aside from adopting your stepchild, there are other forms of adoption. Some people adopt because they cannot have children themselves, which is known as independent adoption. Others adopt because they want to help a child that has been abandoned or had a bad upbringing. You can also adopt grandchildren and relatives. Plus, in many parts of the world, it is legal to adopt an adult. The reasons for this include permanent care-giving, close bond with foster family, and heritance.
Parental responsibility alludes to the rights a parent has as a well as their child’s rights. In family law, England based parents have the duty of picking their child’s name, religion and healthcare, as well as ensuring they provide a home for the child, amongst other responsibilities. This includes representing the child in legal proceedings, consenting to taking the child on holidays or abroad, accessing the child’s medical records, and determining where the child goes to school.
The mother of the child automatically has parental responsibility, however, if the mother and father of the child are not married then the rules become varied and often complex in relation to the father. Moreover, if a couple gets divorced, the Mother will not lose parental responsibility because of this. In addition to this, step-fathers and step-mothers do not automatically have any Parental Responsibility. A solicitor will be able to explain the complexities of Parental Responsibility to you in further detail.
As mentioned at the beginning of this text; there are arrays of different legal areas which fall into the category of family law. The three mentioned in this article are provided to give you a general idea of the main issues involved. It is important to remember that if the concern you are facing effects family in any way then the chances are you need a family law firm. Luckily for you, there are a whole host of family law companies waiting to help you out.