Do I need a lawyer?

Upon separation, there are four categories of family law which may apply to you, depending on your circumstances:

1. Divorce;

2. Parenting arrangements

3. Property division and maintenance; and

4. Child support

Do I need a lawyer?

Obtaining legal advice from a lawyer that specialises in family law will provide you with helpful knowledge on how the Courts work, and how your rights and obligations under various legislation applies to your unique circumstances.  While lawyers are not essential in the separation process, they do provide you with an expert understanding of how the law applies in the breakdown of your relationship.

Knowledge is power, and it is incredibly difficult to make an informed decision about your future following separation without understanding your rights, entitlements and obligations.

If you do think you need legal representation, it is important to seek advice as early as possible.  A lawyer will be able to advise you about the consequences of your actions (or inactions) after separation.  Lawyers can also provide you with advice on managing your property, if you are considering a new relationship.  Choose a lawyer who you feel comfortable with and ensure they are an  Accredited Family Law Specialist accredited by the Law Institute of your State.

The pathway to a resolution

Following your initial conference, you should have a clear understanding of the pathway towards a resolution.

Your lawyers can assist you with negotiating financial or parenting arrangements with your partner directly.  They may also refer you to a Family Dispute Resolution Practitioner, a Mediator or a Family Therapist.  It can be challenging to negotiate with your partner directly, and in those circumstances, your lawyer can negotiate with your partner or their lawyer on your behalf.  In matters that are urgent or complicated, an Application to Court may be necessary. 

There are many ways to get to a resolution, and engaging a family lawyer for advice does not necessarily mean that you will end up in Court.  It will however give you the tools necessary to determine the best resolution for you and your family, and the earlier you have those tools, the more empowered you will feel.

Coote Family Lawyers are consistently recognised as one of the top family law firms in Melbourne.  Please call us on (03) 9804 0035.

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