In this series we will discuss the fundamental basics of Family Law, providing information and guidance that may answer questions you have throughout the Family Law process.
Have you considered a Binding Financial Agreement? Are you separating from your Partner? Do have property or children's matters that need to be resolved?
If so, then it is important that you consider the benefits of engaging the services of a family lawyer to assist you through this process. The value of the assistance of a family lawyer prior to entering into a relationship, during the breakdown of a relationship and for any disputes relating to a relationship is immeasurable.
- Objectivity in assessing your matter
Family Law is complex and emotionally charged. Family Lawyers have the requisite experience to fully consider your unique circumstances and advise you on your situation from an objective point of view. In addition to your family lawyer having a legal education, they regularly appear in the Family Court; therefore they have an understanding of how the Family Court is likely to consider your situation. Your family lawyer cares about you and your family and they will use their specialized knowledge to give you objective clear advice.
It is also important to keep in mind that a friends' well-intentioned advice about their property settlement or care arrangements for their children is based on an entirely different set of circumstances to your own. Your friend's advice may not be of practical assistance to your situation, rather it can make things confusing as your circumstances will be different. We recommend you seek reliable and fully informed advice from your own family lawyer, as every family law case is different.
- Expertise in the preparation of Court documents and litigation
Family lawyers are able to take your instructions to efficiently prepare your court documents as family lawyers know the way in which Court documents need to be drafted. This allows you to be guided through the process rather than navigating the forms, brochures and websites on your own to attempt to prepare your documents yourself.
Engaging the services of a family lawyer will save you from expending time and stress attempting to prepare these documents without assistance. Some people spend months unsuccessfully trying to prepare and file Court documents only to have them rejected for filing by the Court due to small errors which a family lawyer can assist you to overcome.
- Emotional distance in communications with your ex partner
Communicating through lawyers allows both parties to have the peace of mind of knowing that their matter is progressing without the emotion of trying to communicate with each other directly about difficult issues for example the care arrangements for the children or the sale of the former matrimonial home. This can be particularly comforting in situations where there are issues regarding mental health, drug use, alcohol abuse or family violence.
- Family Violence
Family violence occurs in many form including emotional abuse, physical abuse, threats and financial abuse.
As family lawyers deal with complex family relationships regularly they understand the complexities of family violence. If you are experiencing or have experienced family violence in the past, your family lawyer can assist you to create a plan to leave your relationship safely or to take the necessary steps after you have left your relationship. Your family lawyer can also assist you with referrals for counselling, financial planning and other services to assist with moving forward.
- Negotiation skills
As only a small percentage of family law matters proceed to a defended trial, the majority of family law matters are resolved through negotiated agreement, To avoid your matter proceeding to a defended trial, it is valuable to engage the services of a family lawyer as they are skilled in negotiations and can assist you to reach an agreement with your ex-partner. Your family lawyer will discuss your various settlement options and provide you with advice about your legal position to assist you in determining an acceptable agreement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
