Why Hire a Divorce Lawyer?
Tuesday, 20 July 2010
At first glance the process of obtaining a divorce in Australia may appear straight forward and simple.The broad steps involved with getting divorced in all Australian states and territories are:
- Comply with relevant legislation
- Apply for a divorce with the relevant court
- The court hears your application and makes a decision
Ordinarily, complexity is not something to be alarmed about but in the case of law, and in the particular case of family law (including obtaining a divorce) it is not just money involved, but relationships and emotions that ought not to be unnecessarily compromised in any way.
Some of the hurdles that may be encountered through the divorce process in Australia include:
- A difficult ex-partner who tries to obstruct the application at every opportunity
- If there are children of the marriage, proceedings are always more complicated than if there are not
- If there is property involved and disagreements about ownership it is easy to find yourself in a stalemate with your ex-partner
For these reasons and more, entrusting your matter to a solicitor well-practiced in the challenges of family law can be a very intelligent thing to do.
Firstly, if your ex-partner makes unreasonable demands, there is no chance they will simply get what they want without a detailed and firm negotiation first – all within the relevant legislation and case law. Remember, although your lawyer genuinely cares about the outcome of your matter, he or she is not emotionally tied to the situation as you are, meaning your lawyer can think more clearly about your matter than you can and therefore reach the outcome you desire without being distracted by irrelevant details. As a result of being emotionally separated from the situation, your lawyer can argue with your ex-partner or your ex-partner’s solicitor very effectively and firmly, and instead of getting into a heated argument with your ex, you will instead be able to calmly and clearly communicate your concerns to someone on your own team.
So if you find yourself thinking “I need a divorce lawyer”, don’t second guess yourself. The only advantage of representing yourself through your divorce matter is that you will save some money in the short-term, but if you take a broader view of the situation over a longer period of time, you may find that the swift resolution of your matter with the smallest amount of stress for all concerned is actually worth more in dollar terms than your lawyer’s fee (this is especially true if you are duped out of your own property by a malicious ex-spouse... your lawyer’s fee would truly pay for itself in this scenario).
This website contains general information only. This site does not contain any legal advice. If you require legal advice, contact an Australian Legal Practitioner.