That aspect of law that deals with domestic disputes and family matters such as child custody, divorce settlements, trusts, inheritance, child placement, marriage, family disputes etc is referred to as family law. 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. This aspect of law differs from all others as the cases here need to be regarded with sensitivity. 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. Due to societal issues and circumstances varying all over the world, it is not surprising to find different laws in place regulating family law.
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. Like all the other branches of law, family law has undergone many transformations in an attempt to address the immediate issues in families. An example of this situation happens to be in some countries where attempts have be made to legalize same sex relationships.
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Collaborative process can be used to facilitate a broad range of other family issues, including disputes between parents and the drawing up of pre and post-marital contracts. It provides a platform whereby individuals who are married, family members or relations hold the power to decide how issues and proceedings effecting the legal dispute can be resolved without a case being filed in court if represented by good legal counsel. The reason why modern family law discourages the parties from going to court is that courts decision have win-lose outlook. Due to fees for lawyers, consultations, filing a case, court cases can be tedious and draining on finances.
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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 law,family issues can be less tensed to resolve. Guaranteed resolutions in a fast manner.