The family law system has always been considered to be one of the friendliest for self-represented litigants. The Courtroom protocol is a little laxer, the jargon a little less heavy and the Court officials a little more understanding.
So, you may ask – why the need for a family lawyer?
While it’s entirely possible for you to run your own family law matter, it may not the best option. It can come at a great financial and emotional cost to you.
If you’ve recently separated or have otherwise found yourself in a family law dispute, here are five reasons you need to engage an experienced family lawyer right away:
Reason #1: Knowledge of the law and the Court system
Family lawyers have vast knowledge and experience in family law and how the system works. This can work to your advantage when your own case is before a judicial officer, but also when arguing against the opposing case or challenging false or incorrect evidence. After assessing your matter, a family lawyer will be aware of the situation they are likely to face in Court and can prepare accordingly.
Further, the Court has precise and complex protocols and processes that need to be followed, both to initiate proceedings and to progress your matter. A family lawyer will ensure that documentation is completed correctly, taking into account the ever-changing legislation, regulations and forms. This is crucial so that all the relevant evidence is accepted in Court and not struck out for not complying with the rules.
Reason #2: The ability to provide objective support
It’s common when going through a separation or in the midst of family law Court proceedings to want to consult with your family or friends who have been through similar situations, or turn to social media for advice. However, basing a case on another’s experiences spells disaster. Your individual case must be argued on its own merits.
An experienced family lawyer will develop a unique case theory for you that best suits your circumstances, the applicable legal principles, and your desired outcomes. Family lawyers provide you with objective legal advice and effectively support you throughout the process.
Reason #3: The potential to save money in the long run
This is particularly the case in property matters where, after assessing the full details of your situation, a good family lawyer will advise you regarding your entitlement, the likely costs of the pathways to obtaining this, and how best to effect a split based on your desired outcome.
Now you can still achieve a final outcome on your own. However, it may be less (sometimes far less) than what you’re legally entitled to. In an effort to ‘cut a deal’ and make it all go away quickly, some people undercut themselves by not understanding the full extent of the property pool available for division or the impact of the proposed split until it’s too late.
Depending on the pool of assets available for division in your family law property matter, a family lawyer who effectively argues your case or negotiates for a higher settlement could more than pay their own fees. They will also ensure that any settlement reached is documented correctly to avoid problems in the future.
Reason #4: The experience to effectively facilitate settlements
Family lawyers practise in this area of law every day. They have the skills and knowledge to assess your situation, legal entitlements, and the best pathway to achieve resolution. This is actually rarely through Court – instead, the majority of family law matters are settled through informal negotiations, roundtable conferences or mediations (even if proceedings have already been initiated).
Effectively facilitating settlements at the right time can help avoid protracted litigation, saving you time, money and energy.
Reason #5: To reduce the stress associated with Family Law cases
Navigating the family law system post-separation is often distressing and stressful. Engaging a family lawyer can help remove the emotion from the situation. A family lawyer can act as a buffer between you and your former partner. Further, family lawyers can assist in focusing settlement discussions to enable you to make a commercial or practical decision, particularly in property settlement and parenting matters.
Having a family lawyer assisting and shouldering the burden can be an important step for your emotional wellbeing post-separation.
The need for a Family Lawyer
Making uninformed or hasty legal decisions post-separation, without first seeking proper and full advice from a family lawyer, has the potential to cost you financially and emotionally.
The best time to consult with a family lawyer is now. If you are thinking of separating or have just separated, seeking initial legal advice is important to ensure you can step out on the right foot. If your matter is already underway and you are self-represented, consider chatting to one of our family lawyers today. There are often better, more economical, more effective and lower stress pathways and outcomes when a family lawyer is engaged to help.
Contact our expert family lawyers to discuss how we can assist with your family law matter.
