Using Family Law to your advantage
- Learn how the system works
- Choose an appropriate lawyer and manage your expenses carefully
- You can "unbundle" the package
- You can access the necessary legal information yourself
- Most settlements occur before a Family Court hearing
- By avoiding litigation you achieve a better result sooner and with far less expense
Ideally, on separation a couple should talk to one another not about their rights but about the best arrangements that they can put in place for the whole family. They should get advice and then talk some more. They should seek coaching or counselling for the emotional upheaval that divorce can bring.
If there are issues that they cannot themselves resolve they should invite the assistance of a professional mediator.
The legal implications of their separation should be discussed with a good, sensible, competent family lawyer. Of course,
there are some cases which all the talk, counselling and mediation in the world cannot solve. Where one or other of the parties
is intransigent then Family Court intervention may be unavoidable. However, it should be the last resort.
However, if you have to turn to the legal system, there are things you should know before you hand over your life and money to a lawyer.
Choosing and Instructing a lawyer
- Be careful about your choice of lawyer; make sure you see an experienced and qualified Family Law Specialist.
- Ask around, seek recommendations from friends, workmates and community support groups.
- Do not simply hand your case, home and finances over to a lawyer: first explain your circumstances and ask for advice on all the options open to you.
- Ask for an estimate of the costs associated with each of these options, both in terms of money and time.
- Do not sign or agree to anything at the first visit: go away and think about it first.
- From the start, make it clear to your solicitor that you want to settle all disputes without going to Court.
- If you are forced to take Court action, ask your lawyer for the precise costs of every letter, fax, telephone call, court document, search, conference and court appearance. Each action taken on your behalf by your solicitor or barrister costs you money. Work out how much it is going to cost, and whether it is worth it or if there is a cheaper option.
Legal Services
The legal services provided by lawyers can be divided up as follows:
- Introductory conference
- An advisory, question and answer session with a solicitor.
- Follow-up conferences
- For the purpose of giving instructions to a solicitor with a view to initiating formal contact with the opposing party, by letter or telephone or court application.
- Application to the court with supporting affidavits
- This gets you in the door of the court and calls for a response from the other party.
- Mentions in Court, Interim Applications, conciliation conference, court counselling, pre-trial conference
- These are court processes which can take place over weeks or months.
- Court hearing
- Evidence is presented to a judge or magistrate and includes examination and cross-examination of witnesses.
- Judgment
- A decision after a hearing can take several months to deliver.
Traditionally when a party seeks the intervention of a lawyer, he or she hands to the lawyer the entire case from go to whoa. The lawyer delivers a "bundle" of services to provide for each step in the case. With increased education and the availability of knowledge and experience, together with internet access, we now realise that in many cases this is no longer necessary.
You can "unbundle" the services that a lawyer provides and use only that segment of it that you feel is necessary. For
instance, you can access a heap of information and download court documents from the
Australian Family Court website, prepare applications and affidavits (with some
coaching), send letters and file documents in court. You can read the Family Law Act and judgements for yourself. You do not
have to spend huge amounts of money employing a lawyer to do these things. You may only need an introductory conference,
another conference to settle affidavits, and the services of a solicitor or barrister to conduct the actual hearing for you.
If you have chosen a sensible family law practitioner, he or she will do everything to settle the case before a hearing.
Through your own efforts and with some coaching from those who know the system, you can simplify the process, retain control of what is happening, and save a lot of money. The important things to remember are to be open to good advice, not to adopt a position with a closed mind, and always be reasonable. Remaining reasonable will save you a lot of time and money.
Next: About Michael Green.
