When to Engage a Family Lawyer: Benefits of Early Advice

A relationship breakdown can be an emotionally taxing time in a person’s life and can also come with a variety of legal consequences. Engaging the help of a family lawyer can be incredibly beneficial in helping you effectively navigate the family legal system to ensure you achieve a fair and expedient outcome.

But when should you engage the help of a Family Lawyer? Here are some of the most common situations where it may be necessary.

When considering separation or divorce

It is important to seek legal advice as early as possible when considering separation or as soon as possible after separating to clarify and protect your legal rights and avoid escalating conflict or extending the process unnecessarily.

A Family Lawyer will guide you through the divorce process and assist with filing the necessary documents. A Lawyer will also provide advice about your legal rights and obligations post-divorce or separation, including your financial rights, property division, parenting arrangements, child support, and more.

Property and financial matters

One of the biggest questions people have after separating is how property will be divided. Property Settlement is a complex and detailed process, so receiving legal advice from an experienced professional on how a property settlement works, what you are entitled to, and the overall process is essential.

Property includes more than just the home you live in. It includes all assets, liabilities and financial resources, whether owned solely or jointly, such as real estate, savings, superannuation, business interests, debts, and more. Property will not necessarily be split 50/50! A range of factors come into play, including the contributions made and future needs of the parties. 

A Family Lawyer will help you with all the steps needed to complete a property settlement, including:

• Determining what property should be considered in the settlement.

• Advising you of your likely entitlements, if the matter were to go to Court.

• Facilitating negotiations and mediation.

• Ensuring that any agreement made is legally binding and enforceable.

• If an agreement cannot be reached, they will represent you in Court and guide you through the Court process.

After separation, you may also be legally entitled to spousal maintenance. Spousal maintenance is a payment from one former partner to another when they cannot financially support themselves after separation. A Family Lawyer can advise on whether you are likely to receive spousal maintenance.

Parenting arrangements and child support issues

Where there are children of the relationship under the age of 18, arrangements need to be made for their care after separation. Parenting arrangements include where the child will live, how much  time will be spent with each parent, and who will have responsibility for making decisions about the child’s welfare.

Speaking to a Family Lawyer at first instance will help you:

• Clarify your rights and responsibilities regarding care arrangements for your child.

• Guide you through the process of negotiation and mediation.

• Ensure any agreement reached is legally binding and enforceable.

• Represent you in Court to ensure the best interests of your child are met.

• Advise you of what kind of parenting arrangements may be determined by the Court and explain what principles the Court will have regard to.

A Family Lawyer can also advise about child support entitlements and the process.

When an agreement has already been reached

If both parties have reached an agreement on financial and parenting arrangements, engaging the skills of a Family Lawyer is nonetheless important, if not essential!

A Family Lawyer will help draft and formalise amicably reached agreements to ensure they are legally enforceable and sufficiently detailed. This will help avoid disputes later on.

A Family Lawyer can also help draft and provide legal advice on prenuptial agreements.

Urgent or emergency circumstances

If there is an immediate risk of harm to yourself or your child, contact the police without delay.

You should also contact a Family Lawyer as soon as possible if urgent or emergency circumstances arise relating to a family issue, such as:

• If you are experiencing domestic violence, a family lawyer can advise on how domestic violence interacts with Family Law proceedings.

• If you think your child is at immediate risk of harm, such as where there are allegations of family violence or neglect, or your child’s medical or other essential needs are being denied.

• If your child has been wrongfully taken by their other parent, or their other parent is refusing to return the child to your care in accordance with Court orders.

• If you know or believe a parent plans to relocate your child overseas without your consent.

• Where there is a risk that after a relationship breakdown, your former partner will attempt to hide, sell or otherwise dispose of property to avoid a fair property settlement.

  
  

A Family Lawyer will provide timely advice and can assist you to file an urgent application to the Family Court seeking the necessary orders to protect your child from harm, or emergency injunctions to prevent specific conduct.

In summary, Family Lawyers can assist with a wide range of issues relating to family relationships, including the financial and parenting issues arising from separation.

It is recommended to seek legal advice as soon as possible. Seeking legal advice and representation early can save time and money, reduce conflict and  place you in a stronger position to pursue the best possible outcome

At MCW Lawyers, we understand that every situation is unique. If you need family law assistance, our experienced team, including Accredited Family Law Specialists Kendra Millar and Nicole Carroll, are here to help you understand your options and navigate next steps with care and practical advice.

Disclaimer

This article provides general information only and should not be considered legal advice. Family law outcomes depend on the specific circumstances of each case. You should obtain independent legal advice before acting on any information contained in this article.