While self-representing might seem like a cost-effective solution, it often leads to more harm than good.
Family Law is a complicated, stressful and daunting process. It is often the first interaction individuals have with the legal system. It is not uncommon for people to consider representing themselves rather that instructing a lawyer to act on their behalf.
However, there are a number of challenges with being a self-represented party in family court proceedings.
Hidden Costs
Can Delay Your Family Law Case
You Might Settle for Less
The Emotional Toll
Lack of Legal Knowledge Can Hurt Your Case
Without legal advice from a solicitor who specialises in family law, it is difficult for a self-represented party to understand their entitlements under the Family Law Act. This might lead to a self-represented party making unfounded or unrealistic claims in Court. While the Family Law Act sets out that each party must bear their own legal costs, the Court may still make an order that one party must pay the other party’s costs. There is a risk of a costs order being made against a party if their position is unrealistic, unreasonable or outside the realms of their entitlements under the Family Law Act.
Without legal advice from a solicitor who specialises in family law, the process can be elongated and drawn out unnecessarily. This can occur due to unrealistic expectations as to the outcome and an unwillingness to compromise because of a false understanding regarding entitlements. This can cause the process to be more stressful, time consuming and costly that it otherwise would be with specialised family law advice. Having the assistance of a solicitor allows you the opportunity to focus and take care of you! Let us handle the legal intricacies while you take care of yourself and moving forward with your new life.
You may find that you agree to receive less than you are entitled to, simply because you did not know what you were entitled to. You may also agree to less because you do not know how to put forward the legal and strategic arguments that demonstrate your entitlement. The Family Law Act 1975 is complex, subject to interpretation and subject to amendment. Without a deep understanding of the law, it is easy to misinterpret or misrepresent complex aspects of your case. This could lead to a poor outcome. By engaging a Family Law Specialist, you will have a lawyer who is trained in interpreting and applying the law to your specific circumstances on your side.
Separation is highly emotional. It is even more challenging when you involve a legal dispute concerning finances or children. When you are personally invested, it is easy to let your own emotions and feelings cloud your judgment. Self-represented individuals may make decisions based on their emotions, rather than the law. This could be avoided with the objective advice of an experienced Family Law Specialist.
The Family Law Act is complicated and involves a number of internal processes, regulations, directions and rules. Missing a deadline, filing the incorrect documents, or not adhering to the directions given by the Court could be detrimental to your case. It could mean that the Court does not read or hear important evidence that could greatly impact your case. A Family Law Specialist will ensure that your case is presented in an effective manner, in compliance with the law, rules and regulations, and ensure that the Court is appraised of the relevant evidence in the appropriate manner.
While self-representation may seem like a cost-saving measure, it is likely that the potential long-term risks far outweigh the initial savings. You should consider the engagement of a solicitor who specialises in family law to be an investment in your financial future.
A Family Law Specialist will provide you with invaluable guidance, ensuring that your legal interests are protected and that you achieve a just and equitable outcome. We will provide you with specialised legal advice, tailored to your circumstances, to ensure that you and your family receive the best possible outcome.
The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.
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