Couples who decide to separate and/or divorce without acrimony, ill-feelings or disputes about important issues may wonder whether they need legal advice and assistance.
Most of our ideas about the law and law-firms ccomefrom media reports, fiction, television or films. Obviously, these would cite the most extreme and dramatic of cases. In reality, resolving amicable separation and divorce cases is usually a matter of routine paperwork, equalization of financial status and firming up commitments on issues regarding children and support.
Yet, even in the least contentious cases, the knowledge, expertise and experience of separation lawyers, divorce lawyers and family lawyers can be of immense value.
Advantages of Hiring The Right Family Lawyer
Family lawyers are generally not trial or litigation specialists. Many of them have multiple interests in psychiatry, psychology, finance and accounts, banking, child rights, property ownership etc. They may also belong to associations and professional organizations dealing with and supporting various institutions.
Though family lawyers have the requisite court-room and negotiation skills, unless the opposite party is bent upon a destroy-to-win type operation, or they’re self-represented, family lawyers may not need to use these skills.
Benefits include:
- Marriage contracts, separation or cohabitation agreements may not be binding without a lawyer
- Judges are predisposed to accept agreements in which lawyers have been involved
- Family/Separation/Divorce lawyers know all the rules
- Lawyers help you understand whether your position is tenable and reasonable
- They point out the relevant facts/issues and connect them to the appropriate plea/petition
- Help to set expectations, understand rights, entitlements and liabilities.
- Provide options that couples may be unaware of, since they regularly see how the application of laws in different situations can work.
- Offer valuable inputs regarding settlement of the case which could save time, effort and money.
- Deal with the paperwork, filing, etc so that you can continue with your normal routine. Contrary to what we see on TV shows, judges base their decisions on the available documents and paperwork.
- If children are involved, there may be complications regarding custody, parenting, access, support, funding etc. Lawyers can also arrange for child protection services if required.
- Self-represented parties may not be aware of the latest regulations, amendments, revocations, exemptions etc. Family lawyers regularly deal with such cases and are up to date on the laws.
- Experienced divorce lawyers can help avoid the case going to the Family Court. This can be expensive, lengthy and the outcomes are unpredictable.
- Divorce lawyers and separation lawyers advocate for their client’s interests and rights above all else. They prevent you from unknowingly hurting your interests or compromising your case.
- They can also help you to avoid involving children in your dispute. Judges are extremely conscious of the deleterious effects of marital discord on young minds.
If you have a separation agreement, cohabitation contract, etc that was made without involving a lawyer, it may not stand in court. The other party may claim that they did not understand the terms. It’s important that both parties have legal assistance while drafting and filing such documents.
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