Separation

When a marriage break down takes place it is essential to plan for the future. Immediate needs are to be addressed first and then consideration given to the following:

• divorce
• spousal maintenance
• children
• property settlement

As this is an extremely emotional period you will need to retain a lawyer as you will be in danger of making poor decisions particularly where the other side is represented.  Current changes to Family Law emphasise disputes resolution wherever possible and failing this, litigation. 

Although these current changes are meant to simplify this area of the law they have only succeeded in making it more complicated.  For the self-represented there are a myriad of courts and jurisdictions with which they have to familiarise themselves together with the relevant law, court rules, procedure and regulations where appropriate.  Matters are made more difficult if you are a de facto couple who have separated and have children, as part of your affairs will fall under the family law system and part under the  relevant state-based system.

Where attempts are made to resolve spousal maintenance, parenting and property issues privately it is best to obtain legal advice so that you better understand your position as it is impossible for the self-represented to understand this area without informed legal advice.  The sooner you see a solicitor the better off you will be as it will improve your understanding about what needs to be done irrespective of what approach you take to this matter in future.

Obviously separating couples will rely heavily on disputes resolution in an attempt to reach agreement co-operatively but failing this they will need to consider court action to resolve a family law matter.  Irrespective whether the parties rely upon disputes resolution or court action significant costs will be incurred.  Although the current changes are designed to reduce costs associated with counselling/mediation/disputes resolution, significant costs will still be incurred.

Although legal aid may be available to some, access to it will be severely restricted as the income test is very low.  For those who choose the self-representation route it is fraught with difficulty and it is not recommended despite the current changes to the Family Law Act in 2006.  One of the great difficulties will be that at least one party involved in a family law matter will be represented and if the other party chooses not to be then they are on a hiding to nothing.  How can the self-represented hope to deal with the sophistication and knowledge possessed by a lawyer who practises in this area of the law?  Obviously the inequality between the self-represented and the represented will be reflected in the final outcome.

Naturally the self-represented will make many mistakes along the way including approaching court staff believing that they can provide legal advice when all they can do is provide information and general assistance.  How can any self-represented person expect to obtain the skill, knowledge and expertise required to properly deal with their matter when it takes a lifetime of practise by a qualified lawyer to deal with these matters effectively?

Following separation it is essential for the parties to turn their minds to resolving their status, children and property matters.  Every attempt should be made to try and settle these matters as soon as possible.  It is best to obtain legal advice so that you understand what needs to be done and how to approach matters to achieve the best possible results for all.

Other Family Law service areas:

• Counselling and Disputes Resolution
• Divorce/Dissolution of Marriage
• Care of Children (Custody, Access, Residence, Contact and Maintenance)
• Child Support and Spousal Maintenance
• Parenting Orders
• Property Settlements
• Domestic Violence
• Financial Agreements
• De Facto Relationships (including same sex relationships)

Contact LAC Family Lawyers now to make an appointment at an office near you.