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Understanding Divorce Law And Family Law
Divorce and family law comes in when a married couple decides to go separate
ways. Usually, when a couple is undergoing divorce, disputes surface. These
disputes are related to the family. They can be custody issues, child support
issues, child visitation issues, and so on. The purpose of having these rules
and regulations in place is not to inconvenience anyone. Instead, they are in
place to help the entire family move through this difficult phase in a more
amicable manner.
The best approach to adopt, is to seek the advice of a divorce lawyer. Usually,
the first consultation is free, and there are no fees involved. If, during the
first consultation, it is determined that hiring a divorce lawyer is the best
option to take for the best interests of everyone, then you may go ahead and
engage the services of a professional lawyer.
A lawyer practicing family law will be able to advise you on the options
available. Not everything has to be settle by the court. There are alternative
measures that can be taken to solve some of the problems at hand. Sometimes,
your lawyer may even advise you that going to a court of law should be your last
line of defense. This is because if the problem has to be presented before a
court, there can only be one winner. Someone's pride will be hurt in the
process. It is mostly a win-lose situation.
However, if the issues can be settled with alternative solutions, everyone is
happy. In other words, it is more likely to achieve a win-win with alternative
measures.
When you take the time to ponder over your divorce issues, you will come to
realize that the advice from your divorce lawyer has deep implications. These
implications involve your relationships with other members of your family,
especially your children. Relationships between parent and child cannot be
bought with money. And they are perhaps the most important issue surrounding a
divorce. Hence, it is not uncommon to see the majority of time and resources
spent on custody issues.
When it comes to child custody, professional lawyers understand that the
objective is obtain fair custody. They will provide the necessary information to
help make your decisions easier.
When you have firm up your mind, you may then engage your lawyer's help to
execute your plans. For different states, different legal documents may be
required. The primary role of your lawyer is to help prepare these documents to
initiate your family law matters. If there are other options that you are not
aware of, your lawyer will be able to advise you accordingly so that you don't
make the wrong decisions. For example, if you are the father of a child, you
have to take action to establish the relationship with the child. Otherwise,
parental interest may be lost entirely.
Determine your own needs and communicate them to the divorce lawyer during the
first consultation. This will help them come up with a proper legal plan to
settle the matters at hand.
Employment Tribunals And The Claims Process
Claim Limits
A claim for wrongful dismissal is limited to only £25,000 when often a
contractual claim can be for a much larger sum than this. Therefore, if you have
a claim for wrongful dismissal or any other contractual claim you are likely to
want to issue this in the County Court where your claim is not limited to this
amount.
The Employment Tribunal
An Employment Tribunal is an independent judicial body that is used exclusively
for employment law claims and consists of two non legally qualified members
(from business) and a legally qualified chairman.
The types of claims that can be pursued in an Employment Tribunal include the
following:
Redundancy Claims
Unfair Dismissal Claims
Discrimination (including sexual discrimination, race discrimination and age
discrimination)
National Minimum Wage Claims
The person making that starts the claim is known as the "Claimant", the person
defending it as the "Respondent".
Time Limits For Employment Tribunal Actions
There are some time limits that usually must be followed in an Employment
Tribunal claim. In all cases the time limits can vary from case to case so you
should seek legal advice about your specific situation.
Usually you need to have been in employment for one year before you can take a
claim to the Employment Tribunal. In addition, generally, you must provide your
employer with 28 days notice before you start your proceedings. However, for
Unfair Dismissal claims you must make the claim within three months of your
dismissal.
Payment of Your Salary Whilst You Make Your Claim
In some cases you may be able to make a claim to have your salary paid to you
whilst you are pursuing your claim through the Employment Tribunal. You must be
pursuing a certain type of claim to be able to make this application, and if you
qualify you must make the application for interim relief within 7 days of the
date of your dismissal.
The types of claims which qualify include:
For Trade Union related activities
Whistleblowing
Taking someone with you to a disciplinary or grievance hearing
Dismissal for carrying out Health and Safety related activities when it is your
role to do so
Acting as a workers representative
What Happens Next?
Once a claim has been issued in the Tribunal, ACAS (the Advisory Conciliation
and Arbitration Service) will attempt to make contact with both parties to see
if there is any opportunity of settling the claim without the need for a
hearing.
If settlement cannot be reached, the claim will proceed through various mini
hearings to determine what evidence should be served, and the time limits to be
adhered to, before a final hearing takes place in front of the Employment
Tribunal.
Final Hearing
At the final hearing the three members of the Employment Tribunal will listen to
and review the evidence from the Claimant and the Respondent along with any
witnesses.
When all of the evidence has been heard, they will make their decision which can
include:
No compensation (eg no good claim)
Reinstatement of an employee
Compensation to the employee
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