Many people worry about legal costs. But do you always need a family lawyer? Maybe not. In some cases, you don’t need a family lawyer. Let’s look at situations where having one may not be necessary.
Takeaways on when you don’t need a family lawyer
Family Lawyers on separation and divorce
You must have been separated for at least 12 months before you can apply for a divorce. Separation starts when you stop living together as a couple. A spouse can decide unilaterally that the marriage is over. They don’t have to tell the other party. However, the separation date is a common point of contention. Writing down your intentions can avoid confusion later on.
If you’re one of the many separated couples who decide to ‘separate under one roof,’ an affidavit will be required to explain the change in your circumstances. While it’s recommended you see a family lawyer to ensure the affidavit is worded correctly, the Family Court provides information for those who want to draft the affidavit themselves. Family lawyers can also provide guidance on what details to include, helping you avoid potential issues in your application.
Divorce
Divorce applications can be made alone or jointly. Solo applications carry a high risk without proper representation from a family lawyer, as navigating family law can be complex. Joint applications are best suited for those who prefer not to see a family lawyer and can often be completed online if you have your marriage certificate. In a joint application, you don’t have to go to court, making it a straightforward option for many.
Parenting and Property: Family Law Matters
The best way to settle parenting and property matters without involving an Australian family law firm is by reaching an agreement with your former partner. Parenting arrangements can be handled informally through a parenting plan, as long as both parties agree to follow it. For financial matters, creating a financial agreement can help outline property and financial settlements, ensuring both you and your former partner are clear on the agreed terms.
Parenting plan
A parenting plan can be high risk, as it can be challenged at any time. However, if done correctly with the right person and clear communication with the other parent, it can make more sense as a way to establish effective co-parenting.
Parenting orders
Consent orders are generally a better way to deal with parenting matters, as they provide a more secure arrangement than informal agreements. The process has been simplified, and the DIY kit allows parties to apply for consent orders without needing lawyers. The Court is primarily concerned with the best interests of the child, ensuring that the agreement complies with family law. While using a DIY kit can save money, some parties still prefer to consult a family lawyer to ensure their application meets legal standards.
Family dispute resolution
If parents can’t agree on certain legal issues, family dispute resolution with a qualified mediator can help. Dispute resolution can be effective for resolving family matters involving your relationship and children, but it only works if you and the other parent are willing to engage constructively. While seeking advice from a good lawyer can be beneficial during mediation, especially to understand your rights and obligations, they’re not always necessary for the process to succeed. The Court may require proof that dispute resolution was attempted before proceeding with litigation.
Property settlement
A fair financial settlement is important for you and your former partner to move on with your lives, especially when family responsibilities, such as children, are involved. While an informal agreement may be possible, dividing asset pools can be complex and difficult to manage without professional help from lawyers. A binding financial agreement requires independent legal advice to make it legally enforceable in court, ensuring that both parties’ rights in the relationship are protected under family law.
Property orders
The best DIY property settlement option is a financial consent order. Financial consent order applications can be made using the same DIY kit used for a parenting order, providing a practical solution for families. When assessing property settlements involving assets, the Court will follow a four-step process to evaluate the proposed order. Seeking legal advice can be beneficial, especially for families with complex asset divisions, as it helps ensure the best interests of each parent and their children are considered.
Gathering your finances can be challenging, especially when preparing for a property settlement in court. You need to gather all relevant information, listing assets and liabilities, including superannuation and business interests, which each party must disclose. It’s essential to ensure assets are accurately valued, as this impacts settlements involving children and other family considerations. Seeking advice from an accountant can be helpful in obtaining precise valuations and ensuring all financial details are in order.
Consider your marital contributions, which can be financial or non-financial. For example, you may have given up your job to care for your family, and this doesn’t mean your contributions don’t matter. The Court takes into account child care, home-keeping, and other contributions when assessing a fair outcome for clients. Your future needs are also crucial; consider your future earning capacity and ongoing caring responsibilities. Seeking advice can help clarify how these factors may influence the settlement, ensuring you pursue the best possible outcome.
Summary
In family law matters, clients may be concerned about the cost of a lawyer. Depending on the circumstances, you may be able to follow the process without legal representation if both parties agree and are willing to work together. However, understanding family laws and seeking advice can assist in making informed decisions. Litigation should be a last resort, but if it reaches that point, having a lawyer to represent you is essential to ensure your interests are heard and protected throughout the process.
