SURVIVING SEPARATION - THE ROLE OF THE FAMILY LAWYER
Family lawyers are often at the coalface of dealing with raw human emotions that manifest themselves in our clients. Separation can cause a lot of confusion and anxiety for parties as well as sadness, anger, and shock.
One source of anxiety for many family law clients faced with separation is the uncertainty due, in some cases, to a dramatic change in financial circumstances and ability to communicate effectively with the ex-partner. Some clients may feel frustrated by the fact that on the one hand they would like to move on with their lives and make a clean break, yet on the other hand, ties such as children and joint property mean they still have to communicate and negotiate with their ex-partner on a regular basis in order to work out arrangements for the children and distribution of property.
By listening empathetically to the concerns of their clients and working through the issues that are relevant and discarding those that are not going to progress their matter further, family lawyers are able to help their clients streamline and understand their problems and provide solutions. Family lawyers are also able to bring a non-emotional perspective to the issues in dispute which can help the client in their decision making processes.
Family lawyers can assist in the communication process by advising clients as to the various options available to help them to put an end to their legal problems instead of simply giving up because the problems seem too overwhelming to handle. It is reassuring to some clients when they learn that there are other options available instead of rushing headlong into the courtroom. An appropriately worded letter, a phone call to the other party’s solicitor, participating in an informal conference, mediation or negotiating outside of court are effective means that are regularly used by lawyers when working through the issues.
Issues concerning children
Lawyers assist clients by advising them of their legal rights and obligations with regards to contact and residency of children. One of the major casualties of a separation is trust. This loss of trust can be another source of anxiety for clients. For example, a lack of trust could mean that a client has fears that if they hand their child over to the other party for a contact visitation he or she may not be returned. By failing to hand over the child for contact the client may find themselves in trouble with the law. They may have breached a court order or an agreement that they were supposed to honour. An aggrieved party is reassured when they learn that they have the right to make an application seeking recovery of the child if the child is not returned. If the court finds that the offending party is in breach of the orders then the party can face stiff penalties.
When it comes to general children’s issues regarding contact and residency, lawyers help their client by providing advice and guiding them through the various options available to resolve their dispute, and communicating with other party or their solicitor (as the case may be) on behalf of the client, representing their client at a mediation, and/or representing them in court.
Lawyers draw on their experience to inform and educate their clients as to potential problems and issues pertaining to their child that they might not be aware of. These issues can be raised during the negotiation process and factored into any agreement. If this is done effectively it means that a client does not have to experience the anguish and costs of having to return to the matter and attempt to re-negotiate after settlement has occurred.
Issues regarding property settlement
Lawyers assist clients with regards to property disputes by advising clients of their legal entitlements to a claim over the joint pool of assets. To do this effectively, an assessment of the direct and indirect contributions to the asset pool of the respective parties needs to be conducted. The entitlement of a party to a portion of the asset pool depends on their respective contribution to it. The duration of the relationship is also relevant. The assessment also should factor in future needs, obligations and resources of the respective parties.
Once the analysis is completed, it may then be necessary to assess what gaps there are in the information and to conduct further investigation if necessary. Uncertainty may arise due to a lack of knowledge of the extent of the financial resources held by the other party. Lawyers can put pressure (where appropriate) on the other side to meet their obligations with regards to disclosure. If a party suspects that the other party has failed to fully disclose their financial circumstances it may be necessary to resort to bringing an application before a court requesting a subpoena (court order demanding production of documents or witness from a third party source).
The parties have the option of exchanging offers of settlement and conducting negotiations at any time. Lawyers assist client in working out an appropriate offer of settlement and also advising their clients as to when it is in their interests to make the offer and advise them of the financial costs of any protracted negotiation and litigation.
As with children’s matters negotiation can take place by telephone, letter, conference or mediation. Final orders with regards to children’s issues and property settlement can arise by consent where there is agreement or by court order where parties have been unable to resolve issues.
Conclusion
Family lawyers help their clients by listening, giving advice on entitlements and legal obligations, taking instructions, representing their clients and by conducting these tasks using the skill and understanding they have gained from their knowledge and professional experience.
For further information, contact our Family Law team on family@hatzis.com.au
If you need any family law assistance in Brisbane, please email us and we can send out a family law pack to you.
Alternatively, you can call us on (07) 3345 4388 to give us an opportunity to serve you
Hatzis Lawyers are a dynamic firm of Brisbane lawyers and solicitors contributing their might to the smart state of Queensland.