When asking the question 'why are Family Lawyers are important?' it is because the law regarding the breakdown of a relationship between parties either to a marriage or de-facto relationship is very complicated.
If you are married but have not yet divorced, there is no time limit within which to bring a claim-you can bring one at any time.
If you are in a de facto relationship, a claim should be instituted within 2 years of separation.
There are grounds to extend the time period. When asking the question "why are family lawyers important", one of the reasons is that an experienced good family lawyer should be able to find a reason to extend time in order to make a claim if you have gone outside the two-year period.
If it were not complicated, there would be no need for family lawyers at all.
8 reasons why family lawyers are important
1. Experience family lawyers we know it they are doing can save you a lot of money.
2. Inexperience family lawyers can cost you a lot of money.
3. The Family Law Act applies to both marriages and defector relationships.
4. The Family Law Act places great importance on a principle known as the "status quo". This means that the Court is very reluctant to upset arrangements that have been in place for any period of time (e.g. if children have been going to the same school for a long time the Court may be reluctant to let the children change schools, if the parties have made arrangements between each other to pick up and return children a certain day, if parties of made relationships regarding sporting events, Christmas Day and other special functions, then the Court may say it will not change these established patterns.
5. In property disputes, if parties have made arrangements to pay a certain amount of housekeeping per week or to divide accounts between them in a certain way etc.
6. It is critical that you get sound advice before separating so that you don't end up making a "temporary" arrangement that then becomes, from the Court's eyes, an established arrangement and therefore cannot be changed.
7. You need to be mindful that there is quite a long time, usually, between the date you 1st see a lawyer to get advice and the date your matter might ultimately get into court. The waiting times change but at the moment, it could be up to 12 months, possibly longer before your matter could actually reach trial which is the final date when all matters are resolved between parties.
8. There are ways to get into court much quicker on what are called "Applications" or "Interlocutory matters". However, at these early hearings, parties are not able to appear in person and all of the arguments must be done on paper and what are known as "affidavits".
All this means that if you do not get the chance to actually talk to a Judge in person when you first separate and must confine your arguments to written documents in the lead up to trial, you need a good lawyer to get your points across to the Court in your paperwork (called “affidavits”).
The most important thing is not to act yourself without advice; never act without getting proper advice first. Never think that any decision has to be made so quickly that you can't get advice first; at Armour & Allen we understand that these types of matters can come up at the most inopportune moments. That reason, we provide a service 7 days a week. We will answer the phone 7 days a week-ring any time and a lawyer will help you with your enquiry.
We have over 38 years experience in family law and have defended thousands of divorce cases across Adelaide. We recommend to see a lawyer first before you do anything to make life so much easier for you once a separation actually occurs. You need to take great care to know exactly what your rights and entitlements are before you make the final step of announcing separation.
You may also be interested in:
- The Difference Between Divorce & Separation In Australia
- How Can You Get Custody Of Your Child
- How Long Does It Take To Get A Divorce In Australia?
- Getting A Divorce? Tips To Get You Through The Emotional Period
- What Happens To My Property When I Get A Divorce?
- What Is The Legal Age For A Child TO Choose Which Parent To Live With In Australia?