Do I need a family lawyer and how do I choose?
Five things you need to know
For many the festive period is a time of excitement - lights, carols, traditions, shared food and indulgences, holiday get togethers – leading to hearts full of joy and precious memories.
For others the festive period can be difficult, strained and lonely. It is not uncommon over this period for considerable reflection to lead to major life decisions, like separation.
Separation can seem a daunting process. Understandably, the thought of seeing a family lawyer to explain what it might look like can increase that overwhelm.
If this is you or someone you know, these points can help to reduce that uncertainty:
1) Has your relationship broken down?
If you can and it is safe to do so, it is far preferable to explore whether it is possible to stay in and improve your relationship. If you are uncertain on whether your relationship has ended, counselling may assist. You may not need a lawyer after all.
2) If it is time to separate seek advice early
Obtain advice early. This will assist you to be aware of your options and to be able to make informed decisions. Remember, legal advice is confidential to you and need not be disclosed to anyone else.
Early advice will give you time to think calmly, to plan what you need and to maintain your integrity. Keep your separation as amicable as is possible.
The more you know, the more empowered you will feel.
For example, care arrangements for children need to be made in their best interests. Be aware though if you continue to allow your children to spend time with your spouse despite concerns about that care, it may be difficult to later change those arrangements.
You may also need to protect your financial position. For example, if assets can be sold or liquidated without your knowledge or you do not have independent access to adequate funds to meet your expenses, you may be in a vulnerable position.
Early advice will also ensure you are aware of any statutory time limits on issuing Court proceedings, in case that becomes necessary as a last resort.
3) Use an expert
You need to be sure that your lawyer regularly practices in the family law space.
The plethora of legislation relevant to divorce, children and property settlements is under constant review by Parliament and the Family Law Courts hear thousands of cases each year. Your lawyer needs to be abreast of this constantly evolving landscape.
All family dynamics are unique and require legal navigation tailored to the family concerned.
4) Crucially, ensure you feel comfortable
Meet with your lawyer. You will likely share delicate and personal information.
You need to feel comfortable and develop a rapport of deep trust and confidence. You will rely on your lawyer’s expertise in making decisions about your future.
5) Focus on dispute resolution
Ensure your lawyer is open to dispute resolution options other than Court litigation. Court proceedings need only be a last resort or necessary only where there is no alternative.
Litigation is expensive and can be time consuming. Where there are no safety concerns, other dispute resolution methods such as negotiations between parties and mediation may result in a more prompt and economical resolution.
If you realised over the festive period you need family law advice we know this can be a vulnerable time and we can help you.
We provide our best advice when we understand you. What is important to you and your concerns and fears are highly relevant to us; we do not dismiss them. We help you filter through the emotional roller coaster ride to give you the best family law advice for your situation.
We deal with simple family law issues to the most complex.
In addition to our extensive family law experience, we have worked in top tier commercial firms in London and Adelaide. We apply our additional top tier experience to your advantage. We are also ideally placed to assist clients with complex financial and commercial issues in property settlements.
In terms of strategy; our mantra is to contain conflict, not see it escalate. Court proceedings take an enormous toll - both emotionally and financially. If we can help you to resolve your matter instead, you can move forward in your life more quickly; we see that as the real “win”.
Click here to find out more about our team.