Written by Bruno Masquelin
There are some circumstances where you are required to obtain legal advice. For example, a Binding Financial Agreement will only be binding if both parties have received legal advice prior to signing the agreement. However, when negotiating, attending mediation or taking a matter to court, you are under no obligation to be represented by a lawyer.
The question then begs, why would I engage a family lawyer if I am not obligated to have one? The answer to that question is that the legal system is complicated and lawyers are trained to navigate it and to work within it. A lawyer will be able to:
- Assist you to understand and navigate a complex legal system;
- Provide you with an objective perspective. Family law matters can be emotionally taxing and knowing what you need to focus on and prioritise is important and can save you time, money and emotional;
- Assist you in avoiding potentially costly mistakes. Not only will you have a better understanding of what it is you should realistically be seeking, but any agreement you reach and order you seek will be drafted in a way that will help protect you moving forward. Although saving money on legal costs may seem appealing now, some mistakes can be more costly in the long run or irreversible in some cases;
- Advocate at Court (or engage a barrister to advocate on your behalf). Knowing what to say and when to say it is an important skill in family law. Being represented at Court may help you avoid costly mistakes. Saying the wrong thing in front of a judge or registrar simply because you did not understand the process can have serious consequences.
It’s often the case that the matters that seem simple end up being the most complicated. Our advice as always is to seek legal advice prior to taking any steps. If you need legal advice, please do not hesitate to contact Richardson Murray for a free initial consultation.