Even where a separation is amicable, family law matters involving children, property and financial arrangements can be legally complex and have long-term consequences. Obtaining legal advice helps ensure that any parenting arrangements are in the children’s best interests and that property settlements are fair and equitable. Early advice can reduce risk, prevent costly mistakes and help parties make informed decisions without necessarily leading to litigation.
Should you seek legal advice even if your separation or divorce is amicable?
Our Family Team explains
Summary
This article explains why obtaining legal advice during a separation or divorce can help protect your interests and those of your children. It outlines the risks of managing family law matters without advice and highlights how early guidance can assist with parenting arrangements, property settlements and informed decision making.
Separation and divorce can be emotionally challenging
Going through a separation or divorce can be extremely challenging especially when there are children involved, and it is fair to say that genuinely amicable separations are very rare.
How can separation affect decision making?
The process of separation itself is almost always emotionally draining and decision making skills are often affected by people’s emotional distress. It is important to remember that after the breakdown of your relationship, it is likely your partner will make decisions based on his or her interests rather than on the needs of the whole family. This is especially true if your former spouse re-partners during the family law proceedings.
Why is legal advice important even after an amicable separation?
Even if your separation and divorce is amicable, it is important to remember that family law matters are complex. You should always obtain appropriate advice to ensure that the best interests of the children are considered at the forefront of any settlement orders, and that any contemplated property settlement is fair and equitable in all the circumstances.
What are the risks of managing your family law matter yourself?
If you choose to manage your family law matter yourself, you must accept that there is an inherent risk that you will be agreeing to a settlement that is unfair or inequitable, and/or in the case of parenting orders, that may not be in the best interests of the children. In either scenario, you can expect that the Court will at best require significant amendments to your proposed orders, and at worst reject the settlement.
Does seeking legal advice mean going to Court?
Seeking advice from a family lawyer does not necessarily mean you are embarking on costly divorce settlement or litigation proceedings. On the contrary, it will help you to be proactive in managing your risk. Being informed about the law and how it applies to your situation may prevent you from making potentially detrimental decisions that can affect your emotional and financial wellbeing for many years to come.
When should you speak to a family lawyer?
Before taking any action or signing any agreements you should consider discussing the specific circumstances of your case with a family lawyer to achieve the best outcome possible for you and your family.