Friday, 18 June 2021

Your family law matter

Reasons why you should consult an experienced family law solicitor

If you separate, some of the most important life decisions must be made about your children and/or property.

The law requires parties to attempt to settle their disputes and Courts will encourage you to resolve your matter even after proceedings have started. Some ninety five per cent (95%) of family law disputes are resolved before a full Court hearing.

Solicitors are experienced in negotiation and advocacy. Experienced family law solicitors advise about the law and work with you to develop a strategy to resolve your disputes; this may mean negotiation, mediation, family dispute resolution or going to Court. It depends upon what is best suited to your individual circumstances.

There are a number of very good reasons why anyone involved in a family law matter should consult an experienced family law solicitor before making any decisions regarding the matter.

An experienced family law solicitor will:

  • Explain how the law applies to your individual situation.
  • Advise you about the range of likely legal outcomes for your family law matters.
  • Advise you about information that you are entitled to receive and information that you are required to provide.
  • Discuss the suitability of alternative dispute resolution services available to settle your dispute outside court including, family dispute resolution, negotiation, mediation and collaborative law.
  • Advocate on your behalf with your ex-partner.
  • Discuss tactical and strategic considerations and consider innovative ways to achieve a settlement that suits your situation.
  • Assist you to formalise agreements and orders to ensure that they are final and enforceable.
  • Represent you in those matters which must be must be litigated in court.
  • Assess risks and discuss ways to protect your position.
  • Prepare pre-nuptial agreements and cohabitation agreements (binding financial agreements) to divide assets and liabilities in the event that you separate.
  • Obtain your instructions about your circumstances sensitively, including with respect to family violence, and to advise and support you in taking steps necessary to protect your personal safety and that of your children, as applicable.
  • Discuss with you possible eligibility for Legal Aid and other legal services.