What is Family Law?
Family law is a legal practice area that deals with family-related issues and domestic relations. It encompasses a wide range of matters, from marriage and civil partnerships to issues involving children and property settlements. The essence of family law is to provide a legal framework for managing personal relationships and protecting the interests of all parties involved, especially children.
England and Wales’s family law system can be complex. Divorce, child custody, child support, and financial settlements are a few of the major areas of family law. In family law, the most important thing for the court is to make decisions that are best for the children involved. This means that any decisions the court makes will be based on what is thought to be in the child’s best interests, rather than the parents’ preferences.
3 Key Principles
Best Interests of the Child: In cases involving children, their welfare is the paramount consideration.
Fairness and Equity: There’s a strong emphasis on fairness and equitable treatment of all parties.
Resolution without Conflict: Wherever possible, the law encourages resolution through negotiation or mediation, rather than adversarial court proceedings.
Court Hearings
You can resolve family law disputes through negotiation, mediation, or court proceedings. The nature of your case, and the parties involved, will determine which path you choose. It’s crucial to maintain accurate records of all communications and activities about the case. This might strengthen your argument and serve as persuasive testimony in court.
The family law cases are primarily heard in the Family Court (there’s multiple Family Court’s across the country). In more complex or significant cases, matters may be escalated to the High Court. The court’s role is to interpret the law, consider the evidence, and make orders that reflect the legal principles and the specifics of each case.
6 Stages to a Family Law Case
1) Intitial Consultation: the first step in a family law case is usually to meet with a legal advisor. During this meeting, they can advise you about the legal issues at hand and the options that are accessible to you. They should inform you of which court orders could apply, your next steps, and associated costs.
2) Mediation: Before starting court proceedings, parties are often required to attempt mediation to resolve their dispute. Mediation involves a neutral third party who helps the parties reach a voluntary agreement. Ideally, courts like disputes to be solved in mediation as it removes the need for courts to get involved which can make it less stressful for both parties, and any children involved. This isn’t always possible, and that’s okay.
3) Pre-Proceedings: If mediation is not successful, the parties may need to attend a pre-proceedings meeting with social services or other relevant agencies to discuss the best way forward. It’s a good idea to keep track of any communications (emails, texts, calls) between yourself and the other party as this can be used as evidence.
4) Court Proceedings: If mediation and pre-proceedings do not lead to a resolution, the case may proceed to court. Court hearings can be online or in person. Often each party will submit a “Position Statement” that summarises the situation, evidence, and requests you have for the court. The court will hear the evidence and decide on the issues in dispute, such as child arrangements, financial settlements, and more.
5) Appeals: If a party is not satisfied with the outcome of the court proceedings, they may be able to appeal the decision to a higher court.
6) Enforcement: Once a court order has been made, the parties are legally bound to follow its terms. If one party fails to comply with the order, the other party may need to take action with an enforcement order or prohibited steps order.
It is important to note that the process and stages of a family law case can vary significantly depending on the specific issues involved but we hope this gives a rough idea of what to expect.
Beginner’s Guide to Family Law:
6) Alternative Dispute Resolution