When seeking legal counsel, many ask, ‘what is a family lawyer?’. There are many different types of specialist lawyers and solicitors, and family lawyers are important in dealing with family disputes and personal organization matters.
This article will explore what a family lawyer does and why you may need to work with one at some point in your life.
What is a family lawyer for? A family lawyer is a type of lawyer that an LLP law firm employs to handle specialist family law matters. They negotiate issues between family members, fight for custody and rights within a court, and help sort out your assets.
Why might you need a family lawyer?
A family lawyer can help you with a range of important legal proceedings.
Some of the most common reasons that someone will employ a family lawyer for counsel include:
Writing a will – A will, or ‘final will and testament’, is a legal document informing people how you want your assets to be distributed after you die. For a will to be legally binding, a solicitor must draw it up.
In the UK, anyone over the age of 18 can choose to create a will. However, most people will wait until they have a significant amount of assets to allocate first, such as if they own property or have savings that they want to pass on in the event of their passing.
Some younger people may create a will for ‘lower value’ items if they know they will pass away from illness. It is the best way to ensure that your assets go to the people you want them to and that loved ones are not left arguing over who gets what.
You must use a legal professional to create your will, as if it is not legally bound, for example – if you wrote it on pen and paper or emailed it out – people may dispute it and use it to claim assets you didn’t want them to receive.
Divorce – If two married people, or people in a civil partnership, decide to get a divorce, a family lawyer will be pivotal in ensuring the process is as easy as possible.
Even on the best of terms, a divorce can be an incredibly taxing experience for those involved, especially when dividing shared assets such as property and savings. A divorce lawyer can help negotiate these assets between both parties.
Fighting for custody
Many people think that custody battles only incur after divorce.
However, there are many different reasons someone may file for full custody of children, including:
Drug abuse – a common reason someone may fight for sole custody is if their partner abuses drugs or alcohol. As this could make them a danger to the child, someone may file for sole custody until they agree to get help for their addiction.
Physical/domestic abuse – if a partner has abused you or your child, you can fight for sole custody. If a child is not safe within the home, this is the best way to ensure they are legally kept away from the abusive party.
Mental illness – if one parent has a severe mental illness, which they refuse treatment, the other may be awarded sole custody if they are proven incapable of caring for the child or a danger to the child.
Financial issues – severe financial issues can be ground for filing for sole custody. For example, if one party has severe gambling issues and can’t afford to feed the children or pay their child support money, the other could file for custody.
Some parents may also choose to get a solicitor to help them file for joint custody but work out a legal plan for who looks after the children on which days. This can help divorce proceedings or help to create a schedule for the children in the event of a separation.
If someone loses custody, seeks help for their addiction or illness, and can prove themself to be in a better place – they can sometimes ask for a re-negotiation of custody to find a way to be more present in their children’s lives.
Emancipation
Emancipation is ‘the act or process by which a person is liberated from the authority and control of another person’.
When it comes to Law, the term is mainly used to describe the act of releasing a minor from the authority of their parents. It is sometimes referred to as ‘divorcing your parents’.
This is not very common, and it often opens up a further inquiry into abuse and abandonment on behalf of the parents. However, suppose the relationship between the minor and their parents has worsened to a point where they would be better off without each other.
In that case, they can be legally ’emancipated’, and a substitute guardian can be found for the minor.
Conclusion
We hope this article has given you some insight into what a family lawyer does and answered your question of ‘what is a family lawyer?’. Remember that there is no shame in seeking help from a professional; it can make all of these difficult processes much easier to deal with.