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The profession of lawyer specializing in family law

Byadmin

Jan 7, 2023
lawyer specializing in family law
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The family law lawyer is a legal professional specializing in personal law, and mainly competent in family matters – legal unions, filiation, household patrimony, etc. The lawyer specializing in family law can practice under different statutes

Associate or partner in a law firm . He collaborates or joins forces with other lawyers, within a generalist or specialized law firm, to provide assistance in family matters.

Liberal profession exercised on an independent basis . The lawyer specializing in family law sets up on his own – in a private practice company of the SELAS or SELARL type for example, or as an individual entrepreneur. He can enlist the services of a secretary, whom he pays.

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The profession of family law lawyer: role and missions

The lawyer is a legal professional , specializing in the law of persons and particularly in matters relating to the family.

Personal law addresses all issues related to nationality, civil status documents, domicile, minors and protected adults.

Family law has two parts. The couple: the family law lawyer is competent for questions and disputes related to marriage, PACS and divorce.

Children: the legal professional manages contentious and non-contentious cases in terms of filiation, adoption and parental authority.

The family law lawyer is competent for 2 types of missions:

Non-litigation  : the lawyer has an advisory role and drafts deeds. For example, he can guide the bride and groom on the best matrimonial regime in view of their financial situation, and draft their marriage contract. He is also competent to reconcile the interests of the ex-spouses and establish their divorce agreement by mutual consent.

He also fulfills an important advisory role in many areas such as the drafting of the agreement relating to the PACS, he can advise on the recognition of paternity or for all types of adoption. It can also be consulted in the event of guardianship, curatorship or protective measures. Questions about a succession may also be asked.

Litigation  : in the event of the breakdown of the union between spouses or PACS partners, the family law lawyer assists his client and represents him before the Family Affairs Judge (JAF) .

Parental authority and custody, visitation rights, alimony and compensatory allowance, division of community property… the legal professional defends the interests of the separated parent. The area of ​​expertise of the lawyer in human rights

The profession of lawyer is a regulated profession, which offers a monopoly on certain activities. The family law lawyer, in particular, is the only one authorized to represent his client before the competent court.

Legal profession in family law: background and training

Like specializations such as real estate, criminal, labor, commercial or tax law, the law student follows the general curriculum and specializes in order to become a family law lawyer. In particular, he must provide proof of the following studies and diplomas:

Access to a nominative and secure customer area in order to consult their file and the progress of the procedure

To be able to practice, the family law lawyer must take an oath and register with a Bar. During the exercise of his profession, he will be called “master” in front of all legal professionals as well as in front of his clients.

Family law lawyer specialization: for what type of conflicts?

The profession of lawyer specializing in family law is particularly sought after in the context of divorces .

This legal professional assists the spouses in the organization of the financial consequences of the breakdown of their marriage, and also deals with questions related to the children of separated parents. He acts during the procedure, whether it is amicable (by mutual consent for example) or for fault.

He is also competent for all disputes related to family matters. It is advisable to call on a family law lawyer with regard to domestic violence (in particular for obtaining a restraining order ).

Similarly, it is advisable to call on him with regard to disputes relating to guardianship, in the event of litigation in the course of an adoption procedure or in the presence of conflicts relating to an inheritance

Amicable and legal procedure pack including assistance and representation by a lawyer from our national partner network, for all first instance contentious proceedings. This pack does not include consultations, writings or hearings relating to proceedings before the courts of appeal or cassation.

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