It's common at this time of year to have a surge in family
law and divorce enquiries. People often use the end of year break
to consider their lives and come to the realisation to end a
relationship that is not working out for them. They decide that
this is the year to get a handle on their lives and to move forward
to enjoy the rest of their life's journey. Selecting a family
lawyer is not a simple matter; you don't take the first you
find in your internet search.
You should take time to select a lawyer best for your particular
needs. Here are some pointers for you to think about:
There is nothing wrong with conducting an interview with a
lawyer to "suss" things out.You will have the opportunity
to ask questions to determine their level of experience, see how
they interact with you and whether they speak plain English. You
will also find out whether their style fits with yours and see if
the two of you are a good fit.
Be prepared that a high-quality lawyer will not tell you what
you want to hear rather they will tell you what you need to hear.
Therein lies the difference for many. Appreciate that that's
not always an easy message for the lawyer to deliver. It takes guts
and confidence but that's the least you should expect from your
family lawyer. Your lawyer should be honest and use their
experience to guide you to ensure that your case progresses.
If you have young children, look for a lawyer who will make
clear that you will need to put their needs first and that they
will not simply act as a mouthpiece for you if you are making
unreasonable demands in relation to your children. A family lawyer
who is aware of the importance of your children is an asset in your
case. Your lawyer will be integral in joining you to write your
child's "divorce story" and it is essential to have a
family lawyer who will take you through the process to ensure the
best possible outcome for you and your family.
If your matter involves complicated property structures select
a firm that has a commercial law department who can assist where
necessary. Also ensure that your lawyer has close working
relationships with other financial experts who have knowledge in
It will be necessary through the process to share very personal
details about your life, your marriage and your finances. It is
very important that you feel comfortable with the lawyer you
Consider whether a collaboratively trained lawyer will be
appropriate. Collaborative law offers a fresh approach to resolving
family law matters through a process of working together with your
former partner and their lawyer to find a fair solution in relation
to both financial and child related matters. It involves face to
face meetings where things can be considered in a safe environment
rather than time consuming letter writing back and forth.
Most importantly, you should select a lawyer who will share and
support your attitude to your divorce and one that will not
escalate matters simply to increase the legal fees that you spend
on your matter.
Take your time to pick a lawyer that is most appropriate for you
and one who will give you the support and has the knowledge to make
a world of difference in your divorce experience.
At Swaab our advice is objective, honest and practical. We will
do our best to keep you out of the courts so that you can avoid the
expense, delay and uncertainty that this brings but if court
becomes necessary you can rely on our skill and expertise to get
you through it.
There are several requirements that must be completed by an executor before the distribution of assets to beneficiaries.
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