You will need an Australian family lawyer if you are facing family law matters that are difficult to handle. For instance, you may be going through a divorce or separation and have trouble with property settlement or child custody matters. Indeed, these matters sound stressful and may cause an emotional burden on concerned parties.
This is where a family lawyer can help. An Australian family lawyer specialises in matters related to family law. They can provide legal assistance and guidance to individuals and families facing various domestic issues. These professionals are experts in handling cases that involve:
- Divorce (for married couples) and separation (for people in a de facto relationship)
- Child custody
- Child support
- Spousal maintenance (spousal maintenance is a type of financial aid given to lesser earning spouses)
- Property settlement and other property matters.
- Adoption; and
- Apprehended Domestic Violence Orders (ADVOs) or Apprehended Violence Orders (AVOs)
This article will outline the importance of seeking legal advice from an Australian family lawyer.
A Brief History of Family Law
The history of family law in Australia can be traced back to the early 1900s. This is when the Commonwealth government began to take an interest in family law matters. In 1959, the Matrimonial Causes Act was passed. As a result, this unified the law of divorce across Australia and introduced a number of fault-based grounds for divorce.
In 1975, the Family Law Act was passed, which replaced the Matrimonial Causes Act. It introduced a number of significant reforms, including the concept of no-fault divorce. No-fault divorce means that a couple can divorce without having to prove that either party is at fault for the breakdown of the marriage. The Family Law Act also introduced a number of other reforms, such as the:
- Principle of “shared parental responsibility” for children
- Concept of “child support”; and
- Establishment of the Family Court of Australia.
The concept of no-fault divorce has been controversial since it was introduced in Australia. Some people believe that it has led to a decline in the value of marriage. However, others believe that it has given couples more freedom to end their marriages amicably. Despite the controversy, no-fault divorce remains the law in Australia, and it is unlikely to be changed in the near future.
What Can an Australian Family Lawyer Do?
The primary goal of a family lawyer is to help their clients navigate the legal system. They can also help their clients understand their rights, and achieve the best possible outcome for their unique circumstances. Family lawyers also:
- Advocates for their clients;
- Represent their interests in negotiations;
- Suggest mediation and arbitration; and
- Aid in the court system if mediation and arbitration fail.
How to Choose an Australian Family Lawyer?
When choosing an Australian family lawyer, there are a few things you should keep in mind:
1. Make sure the lawyer is qualified and experienced. Sydney family lawyers must be admitted to the bar and have years of experience in family law. You can also see check their reviews from previous clients to see if they’re one of the best family law firms to consult with.
2. Find a lawyer who you feel comfortable with. You should be able to trust your lawyer and feel confident that they are advocating for your best interests. They should put your best interests before their own.
3. Ask about the lawyer’s fees. Family law fees can vary depending on the complexity of your case. Fixed fees generally offer significant advantages over hourly rates in legal services. They provide transparency, clarity, and affordability to clients, allowing them to know upfront how much they will be charged for the legal services they require.
What to Expect When Working With an Australian Family Lawyer?
Initial Consultation
The process usually begins with an initial consultation. During this meeting, you’ll discuss your family law issue, concerns, and objectives with the lawyer. They will listen attentively to understand the details of your situation and ask relevant questions to gain a comprehensive understanding. To help them, you should:
- Gather all of your important documents
- Write down a list of your questions and concerns
- Think about your goals for the legal consultation
- Be honest about your situation
Legal Advice and Assessment
After listening to your case, the family lawyer will provide you with clear and informed legal advice. They will assess the merits of your case, explain your rights and options, and discuss potential outcomes. They will base their assessment on the relevant family law provisions and precedents.
Tailored Strategy
An experienced Australian family lawyer will devise a strategic plan tailored to your unique circumstances. This plan will outline the steps needed to achieve your goals, whether it’s negotiating a settlement or going through court proceedings.
Transparency in Fees
The lawyer will be transparent about their fees and billing structure. If they work on a fixed-fee basis, they will outline the total cost for their services. If they bill hourly, they will provide an estimate of the hours needed for your case. Understanding the financial aspect from the beginning will help you plan accordingly.
Legal Documentation and Filings
Family law matters often require extensive paperwork, which can be overwhelming for individuals. Your family lawyer will handle the preparation and filing of all necessary legal documentation on your behalf. They will ensure that they comply with court requirements.
Negotiation and Mediation
If appropriate, your family lawyer will represent you during negotiations or mediation sessions. They will advocate for your interests, work to reach amicable agreements and protect your rights during the process.
Court Representation
In cases where negotiations or mediation are unsuccessful, your family lawyer will represent you in court. They will present your case effectively, cross-examine witnesses, and argue on your behalf to seek a favourable resolution.
Timely Communication
Your Australian family lawyer should maintain open lines of communication with you throughout the process. Lawyers should also have the ability to simplify legal jargon to their clients. They will update you on the progress of your case, respond to your inquiries promptly, and keep you informed about any developments.
Respect for Privacy and Confidentiality
Family law cases are stressful and will require privacy and confidentiality. Hence, your family lawyer should maintain strict confidentiality regarding all aspects of your case. They will respect your privacy and handle sensitive information with the utmost care.
Speak With Australian Family Lawyers at JB Solicitors
JB Solicitors is a law firm with a team of experienced family lawyers who can help you through this difficult time. They will listen to your concerns and advise you on the best course of action.
They will also fight for your rights and ensure that you get a fair outcome. We also have mediation and arbitration services in case you want out-of-court resolutions.
Please do not hesitate to contact us today if you are in need of quality family law services.