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Family law is an aspect of law which deals with domestic matters such as marriage, custody, guardianship etc. Essentially, it guides the relationship between members of a family – be it nuclear or extended. For instance, if two people want to marry each other and they want their marriage to be legally recognized, they must contract their marriage according to law. It is the family law that will cater for such concept as a prenuptial agreement which specifies how the couples want to own their properties - whether separately or jointly - after contracting their marriage and during the pendency of such marriage. The law, in its wisdom, has also catered for appropriate courses of action when the going gets sour between the man and his wife and that is why there is also provision for divorce and separation which is also covered under this branch of law. Divorce is considered as a last resort after mediation and conciliation have been explored by the couple without success – it is nonetheless better than forceful cohabitation where a marriage has broken down irretrievably between two lovers.
How is it in Sydney, Australia
Coming home to Sydney, family law is governed by the provisions of the Family Act 1975 of Australia which is the principal Act with regards to domestic affairs of the home. However, family lawyers Sydney – O’Sullivan Legal also rely on Australian judicial precedents when bringing applications which border on various matters in family law.
As the family law is majorly concerned with domestic affairs of the home, it is encouraged that initial attempts at dispute resolution should be by mediation and conciliation where the disputing parties and indeed all parties concerned are brought to the negotiating table to explore the options of amicable settlement so as to resolve their differences amicably. This is the most popular, and in fact the best approach to resolving disputes arising in family matters, so as to ensure the continued cordiality of the family ties.
What does the administration do
Wills and administration of Estates are also embedded in the law of the family. After a person’s death, his properties are shared with due regard to the welfare and livelihood of the persons who depended on him as a source of living when he was alive. The deceased person is referred to as a Testator and his Will is considered as a posthumous wish which can only be fulfilled by duly complying with the contents of the Will. The Will allows a person to speak from the dead and this is why lawyers usually say a Will is testamentary. Also, the concept of the Will was devised by the law to prevent disputes among the successors of a deceased person and to ensure that the former dependents of a deceased person are not left to be financially handicapped by reason of the demise of the deceased person.
Finally, a family as the smallest unit of the society and the most domestic of all human relationships is founded on love – and that is why the informality of the actions which take place in the family is usually trivialized and passed off as being of little or no legal effect. However, the law is here to prove otherwise and to show us in its wisdom that human nature is unpredictable and as such, there is a need for the family law to take its pride of place in the domestic affairs of the home.
