When a relationship ends, many people understandably want to keep things simple.
You may think: "We agree on everything. Why do we need lawyers?"
Or: "Can't we just fill out the formsourselves?"
Sometimes, separating couples can resolve matters without extensive legal representation. But family law isn't simply about completing paperwork.
It can involve parenting arrangements, property, financial resources, superannuation, maintenance, consent orders and legally binding agreements. The consequences of getting something wrong can last for years. The Federal Circuit and Family Court ofAustralia states that while people can represent themselves, family law is complex and obtaining legal advice can help you understand your rights, responsibilities and how the law applies to your circumstances.
You don't know what you don't know
One of the biggest risks of handling a family law matter yourself is not knowing what questions to ask. For example, a couple may focus on the family home, bank accounts, cars and personal belongings.
But a complete property settlement may also need to consider superannuation, investments, businesses, trust interests, debts, tax considerations and future financial circumstances. The issue isn't necessarily that you're incapable of understanding these things.
It's that a lawyer understands how they fit into the legal framework.
An agreement isn't necessarily a legally secure agreement
Two people can reach an arrangement they both believe is fair. But that doesn't automatically mean the arrangement is legally binding or that it adequately protects both parties. Depending on the circumstances, formal legal documentation may be required.
A family lawyer can explain the appropriatepathway and help ensure agreements are properly documented.
What happens if you make a mistake?
The question shouldn't simply be: "How much will a lawyer cost?"
It should also be: "What could it cost me if I get something important wrong?"
A mistake in a family law matter can potentially affect your property settlement, financial position, parenting arrangements, ability to enforce an agreement and future legal options. And correcting a problem later can be considerably more difficult than getting advice early.
A lawyer isn't necessarily there to take you to court
Hiring a family lawyer doesn't mean you're choosing litigation. In fact, a good family lawyer can help you avoid unnecessary conflict.
The Federal Circuit and Family Court encourages appropriate dispute resolution before court proceedings in many circumstances, and legal advice can help parties understand their options before deciding how to proceed. The goal isn't necessarily to"win". It's to reach an outcome that is legally sound and protects your interests.
A family lawyer can give you perspective
Separation is emotional. That can make it difficult to distinguish between what feels fair today and what is legally and financially appropriate for the future.
A lawyer provides an objective perspective. They can help you understand what you're entitled to, what you're responsible for, which issues matter legally, which issues may not matter, what options you have, what risks you're accepting and what a reasonable pathway forward might look like.
When should you get legal advice?
You should strongly consider getting advice if you and your former partner disagree about property, children are involved, there is a significant difference in income or assets, a business is involved, superannuation is substantial, you suspect assets or debts haven't been disclosed, you are being pressured to sign an agreement, you have received court documents, domestic or family violence is involved, or you simply don't understand your legal position.
And importantly, you don't necessarily need to engage a lawyer for the entire process. You can seek advice first, understand your position, and then decide how much assistance you need.
The value isn't just legal paperwork
The real value of a family lawyer is clarity. You are paying for someone who understands the legal system, identifies issues you may not have considered and helps you make informed decisions.
Stanford Legal's family law team takes an approach built around empathy, education and empowerment, with services covering separation, parenting arrangements, property settlement, consent orders, spousal maintenance and other family law matters.
If you're facing separation, Stanford Legal offers a free initial consultation to discuss your circumstances and potential next steps. Good legal advice isn't about making your separation more complicated. It's about making sure you understand what you're agreeing to before you move forward.
This article provides general information only and does not constitute legal advice. Every family law matter is different.
