The family law system has always been thought of as one of the friendliest for self-represented litigants. The Courtroom protocol is a little more lax, the jargon a little less heavy and the Court officials a little more understanding. This has led many to question the need for a family lawyer.
While it is entirely possible for someone to run their own family law matter, it is often not the best option, and can come at a great cost – both financially and emotionally – and may result in an undesirable outcome.
Here are 5 reasons why someone in a family law situation needs to engage an experienced family lawyer.
Reason #1: Knowledge of the Law and the Court System
Expert family lawyers have vast knowledge and experience in family law and how the system works. This can work to the litigant’s advantage when their case is being presented before a judge, but also when the opposing case is being argued against or poor evidence is being challenged. After assessing the 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 the matter through the family law system expediently. An experienced family lawyer will ensure that all necessary documentation is completed to the correct specifications, with the evidence presented persuasively. This is especially crucial so that all the relevant evidence is accepted in Court and is not struck out for not complying with the rules.
Reason #2: The Ability to Provide Objective Support
People going through a separation or in the midst of family law Court proceedings often consult with their own family or friends who have been through similar situations. However, basing a case on another’s experiences spells disaster. Each individual case must be argued on its own merits; an experienced family lawyer will develop a unique case theory for each client, that best suits their circumstances, the legal principles applicable, and their desired outcomes. In such situations, family lawyers will be in the best possible position to provide objective advice and effectively support a client through the family law system.
Reason #3: The Potential to Save Money in the Long Run
After hearing the full details about a property matter, a good family lawyer will be able to fully advise a client regarding their entitlement, the likely costs of the pathways to obtaining this, and how best to give effect to a split based on the client’s desired outcome.
Now the litigant on their own could certainly still achieve a final outcome, however it may be less (sometimes far less) than what they are actually legally entitled to. In an effort to ‘cut a deal’ and make it all go away, some people may find they are undercutting themselves.
Depending on the pool of assets available for division in a family law property matter, a family lawyer who effectively argues a client’s case or negotiates for a higher settlement will more than pay for their own fees.
Reason #4: The Experience to Effectively Facilitate Settlements
Experienced family lawyers practise in this area of law day in and day out. They have the skills and knowledge to assess the client’s situation, legal entitlements, and the best pathway by which the matter could be resolved. Resolving a matter is actually very rarely achieved through Court; instead, the majority of family law matters are settled through informal negotiations, roundtable conferences or mediations.
Effectively facilitating settlements at the right time can help to avoid protracted litigation, and save 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 for many litigants. Engaging a family lawyer can help remove the emotion from a situation. A family lawyer can act as a buffer between the client and their former partner in this adversarial setting, and also as the expert confidently leading the client through the case. Further, family lawyers can assist in focusing settlement discussions to enable the client to make a commercial or practical decision, particularly in property settlement and parenting (or child custody) matters.
Having a family lawyer to assist and shoulder the burden of a family law matter can be an important step for the client’s 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 a client greatly – both from a financial perspective and also an emotional one.
The best time to consult with a family lawyer is now. If someone is thinking of separating or has just separated, seeking initial legal advice is important to ensure they step out on the right foot. And if their matter is already underway and they 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.
Our highly skilled family lawyers at Frank Law are here to help you. Please call us on (02) 9688 6023 to arrange your free first conference.
This is not legal advice.
