No. There is no law which requires you to have a
lawyer when you are involved in family law proceedings.
You may represent yourself at all stages if you
wish. However, you should be aware that the Court
is an independent and impartial body. It cannot
favour one party over another, or even appear
to favour one party over another. Whilst the Court
will try its best to make sure that any party
who is unrepresented is aware of the appropriate
procedure to be followed in the Court, the Court
cannot, and will not, offer legal advice or representation
to an unrepresented party. In Family Law, there
are many rules and protocols which apply in relation
to the documents and forms to be prepared and
filed and in relation to the procedure which occurs
in Court. You are required to follow the rules
regardless of whether you have a lawyer or not.
Failure to do so can lead to some of your evidence
not being accepted or to an order being made against
you that you pay the other party's legal costs.
It is always preferable, and advisable, that you
have a family lawyer represent you.
Q.
Can Cahill & Rowe Family Law apply for Legal Aid for me?
A.
Yes, Cahill & Rowe Family Law can apply for Legal Aid for our clients.
Many people seem to believe that, to get legal
aid, they must go to the Victoria Legal Aid office
and see a solicitor there. This is not correct.
There are some private law firms who do legal
aid work. Cahill & Rowe Family Law is one such firm. You simply
attend or telephone our firm, fill out the necessary
legal aid forms and provide us with the financial
information which legal aid will require before
they can decide on your application. Once your
application is approved, a lawyer from our firm
represents you in your family law matter and our
fees for representing you are paid by legal aid.
Current legal aid guidelines apply when applying
for assistance.
Q.
Are all Family Lawyers the same? Why
do some Family Lawyers charge more than others?
A.
No. Not all Family Lawyers are the same.
Family Law is a very complex area of law. This
is largely because the law in this area is forever
changing. The government is continuously updating
and amending the Family Law Act and the associated
rules and regulations in an effort to keep pace
with the ever-changing standards and norms of
our society. The Family Court has a very large
discretion as to what orders it will make in
each particular case. It is imperative that
Family Lawyers constantly educate and inform
themselves about changes to the law and recent
Family Court cases if they are to be in a position
to advise their clients of the current legal
situation, the arguments available, and the
likely outcome if the matter proceeds to a Court
hearing. It is the strong belief of Cahill & Rowe Family Law
that to gain true excellence and expertise in
the area of Family Law, a lawyer must practice
exclusively within the family law
field. This is not an area of the law where
a lawyer should "dabble".
It is a common misconception that the more
you pay for a Family Lawyer the better they
will be. Often, this is simply not the case.
Sometimes, a lawyer's higher fees are simply
an indication that the firm the lawyer works
for has high overheads. It is extremely important
to remember this when you are choosing a Family
Lawyer. Higher fees do not necessarily mean
a better lawyer. Cahill & Rowe Family Law offer high quality,
up to the minute, family law services at extremely
reasonable and competitive rates.
Q.
My spouse and I have agreed on how to
split the property. Do we need to get lawyers
involved at all?
A.
It is absolutely essential that any agreement
reached between spouses is put into writing and
approved by the Court in the form of Court Orders.
If parties do not take this step, which at the
time may seem unnecessary and a waste of time
and money, they may live to seriously regret it.
The Family Law Act enables a party to commence
proceedings for property settlement regardless
of whether or not an informal agreement has already
been reached between the parties at an earlier
stage. In determining how the property should
be divided, the Court will look at the assets
and liabilities of each party as at the date the
matter goes to Court, not as at the date of separation
and not as at the date of the earlier agreement.
This can be financially devastating to a party
in some cases, especially if that party's financial
position has advanced significantly since separation
occurred. It is imperative that you seek expert
legal advice and assistance when separating to
ensure your rights and entitlements are adequately
protected.
NOTE:
Disclaimer
The information you obtain at this site is not, nor
is it intended to be legal advice. You should consult
a lawyer for advice specific to you circumstances.
