While most lawyers have a familiarity with family law, there are some who are specialists. This usually means that they are accredited by the Law Society of NSW and have passed a series of specialty exams. It is fair to ask your solicitor of his or her depth of experience if you have family law issues. No lawyer would take offence.
It is possible to do your own divorce, property settlement, custody and maintenance matters. Remember that these areas are fraught with emotion. Remember, too, the old axiom: “Any lawyer who acts for himself has a fool for a client”. This applies equally to lay people.
Lawyers can give you information and advice, prepare documents, assist in negotiations, counselling and mediations, and can represent you in court if your issues cannot be resolved beforehand. The Family Law Act requires a lawyer to tell you about how you can settle your disputes by conciliation and the counselling services offered by the Family Court. You must also be given a copy of the information brochure “Marriage, Families and Separation”.
The reasons you should consider appointment of a legal representative are that you may want advice on multiple issues at the same time, such as the taxation consequences of the proposed arrangement and whether or not the outcome you think you’re achieving is reflected in the documents. In many cases we have seen it isn’t and there are only very limited circumstances where such agreements can be overturned. There may also be tensions between the parties which make it impossible for them to objectively deal with all issues.
We at King Cain can assist you on all legal matters. Please feel free to call Matthew Oakley, Bathurst’s only Accredited Family Law Specialist on 6333 4400 at any time or call in & see us at Level 1 Suite 4 90 Keppel st., (cnr Keppel & Bentinck streets) Bathurst NSW 2795
