Do I Need A Lawyer When Separating From My Partner?
Posted: Mar 11, 2021
About 50 000 couples get divorced in Australia every year. Divorce is not uncommon as you can see, but is a long, complicated and difficult process, often accompanied by legal proceedings. Spouses share property, children, determine the order of communication, and so on. According to the law, it is possible to equally divide the property (even debts) that appeared during the period of cohabitation. How useful is the help of a legal services consultant or a lawyer during a divorce, what he can do, and when he is not needed at all - let's figure it out together.When do you need a lawyer?
Citizens have the right to divorce on their own, without involving lawyers and the court. This is possible in the absence of common children and mutual claims for the division of property.Cases when you should contact a lawyer:
- One party is against divorce and does not sign the statement. Usually, a lawyer can discuss the problem, persuade him/her, or suggest to the client how to act in spite of it.
- Parents get divorced and cannot share common children: with whom minors will live, how adults will participate in upbringing, etc.
3. Alimony. The spouse, with whom the child remains, wants to dissolve the marriage and at the same time file for alimony, forcing the former have to provide financially for the minor.
- The second spouse deliberately avoids, not wanting to participate in the procedure. Drop calls do not provide documents.
- Citizens cannot divide the common property.
- Taken loans (mortgage, car loan, microloans, private lenders). Spouses are trying to share financial obligations.
Specialist of a certain plan, well acquainted with the provisions of the Family Code and other legal norms. He has a narrow focus and deals exclusively with divorce. Experienced lawyers are still quite good psychologists who are able to assess the character of the client and the other party, to estimate in advance the weaknesses of the future procedure. The main task of a professional is to find a solution that is beneficial to both parties, in particular to his client. Any citizen who is married has the right to hire a lawyer and entrust him with the conduct of business.Family lawyer services
The specialist has the right to settle in a legal way all the problems that arise during the divorce proceedings. Your family lawyer will make sure that your rights are not violated.
- the citizen will receive a divorce certificate
- the property assets of the spouses will be divided
- the number of alimony payments will be set
- if the other party opposes the divorce, ignores subpoenas, and does not provide documents, will help to complete the process forcibly.
You can yourself determine the breadth of the authority of the specialist, the list of services you want. This affects the price.
He will tell you the exact timing of the preparation of documents and their presentation in court. He will hold consultations on the property and other issues.
Many lawyers are good psychologists. They can judge the character and personality type of people, estimate in advance what the process will be and how to prepare.
A lawyer will provide legal and psychological support. Will explain incomprehensible moments, won't allow the second spouse to take advantage of the ignorance of the wife/husband.
He will help to collect the evidence base, tell you how to do it - record audio calls, shoot videos, take pictures.
A lawyer can identify the strengths of the client, which will help increase the value of your point of view on the process.What to look for when choosing
1. Do not choose by the price. Divorce is a long-term business in which it is important to have a competent ally. Beginners with a lack of experience and knowledge may be cheap. Or the lawyer has a "tarnished" reputation.
2. Make sure to look for a family lawyer in Sydney, not a general practice lawyer. These lawyers have more experience and narrow specialisation. In their work, they try to reduce the level of psychological stress, especially with the participation of children. They are well aware of the norms of family law, the procedure itself, and in practice, they have encountered various cases.
- Observe the candidate. How open and professional he is. Complete trust is important. The lawyer should share his plans with the client, discuss his actions.
- Personal attitude is also important. First, ask for a consultation with the selected specialist. Tell him about the problem, show the documents. One meeting can say a lot about a person.
If you already know that a divorce is going to be difficult, don't think too long. Make sure to find a good specialist on time. An experienced family lawyer will make this harsh and difficult period much easier. You will save a lot of nerves and time.
Liam Smith is a young and aspiring blogger and writer. He specialises in workplace relations and human resources.