When should I get family law advice?

When things begin to turn sour in a relationship, the first reaction of many people is to run.

They either run from the conflict by going to work earlier and coming home later or they run from their feelings by living in a state of constant denial, hiding from the painful reality and fearful of the sense of failure and stigma they perceive to be attached to a doomed partnership.

Those who do seek help often turn to family members or trusted friends for advice.

But the best plan is to seek professional advice from a qualified family lawyer.

Knowledge is power and the sooner you are equipped with information regarding your own rights, obligations and options, the less protracted and unpleasant a separation may be.

This remains true even in the event that you and your partner resolve any conflict and remain together.

But if things deteriorate, it is better to be proactive rather than reactive, potentially leaving yourself blindsided by a legal bombshell.

Situations when you should seek the advice of a family lawyer

Before marriage

Broaching the subject of a Binding Financial Agreement (aka a prenuptial agreement) can be tricky and may spark tensions not just with your partner but your potential in-laws.

But if one side of the marriage has considerable assets, it is absolutely imperative to at least consider such a course of action.

Having the process and documentation managed by an experienced family lawyer will make the task easier. It may also assist getting the partnership off to a solid and honest footing rather than risk having one party deceive by hiding some of their assets.

Before separation

It is wise to consult with a family lawyer at the first sign a partnership may be heading downhill.

If relations deteriorate, it is advantageous to be armed with critical advice such:

whether or not one party should move out of the family home
the position of any joint bank accounts and ongoing financial obligations
where children should live if any are involved

Making early contact with a family lawyer will also allow more sensitive matters to be considered such as the calculation and splitting of combined assets and debts as well as estate planning, should the separation become permanent.

Beginning divorce proceedings

A trusted family lawyer should be your first port of call if you make the decision to divorce.

When children under 18 are involved, it is a requirement of Australian law that couples partake in mediation before the matter reaches the Family Court.

While it is the most popular, fastest and least expensive route, couples may also wish to consider engaging lawyer-assisted mediation to ensure their own personal interests are better protected.

If mediation fails to resolve matters, the Family Court will ultimately make a judgement on how your assets are divided, including custody arrangements.

This is the least palatable outcome because it can result in a protracted and expensive legal battle as well as a judgement which satisfies neither party.

Emancipation of a child

While not common in Australia, a family lawyer should be engaged in applications for the emancipation of a child.

This essentially allows the parents to be ‘divorced’ from the child and may be instigated and in the interests of either the parents or the child.

It usually arises as a result of child abandonment or abuse or the death or incapacitation of the parents.

Other reasons to seek the advice of a family lawyer

Sometimes, everything may seem fine in a relationship but there might be a sign that something out of the ordinary is at play.

If one of the following situations arises, it is wise to seek professional advice:

if your partner wants to place a significant asset such as land or shares into their name. This may be either a new purchase or the transfer in title of an asset already owned.
if your partner becomes secretive or evasive about their income, bank account or credit card purchases.
if your partner begins making significant decisions about your finances or children without consulting you.
If your partner makes large withdrawals from your joint bank account without explanation.

Why it is important to get family law advice

Being equipped with family law advice early is important for many reasons.

Firstly, it can help you understand your rights and options, and allow you to make informed decisions about your situation.

Secondly, it can help you to identify any potential issues or challenges that may arise, and allow you to take steps to address them before they become major problems.

Thirdly, getting advice early can help you better manage your expectations, and plan for the future.

And finally, seeking early advice often helps to avoid costly and time-consuming disputes that may arise later on.

The information contained in this article is general in nature and does not take into account your personal situation. You should consider whether the information is appropriate to your needs, and where appropriate, seek professional advice from a financial adviser.

Legal matters referred to on this website are of a general nature only and are based on Nicholas Boswell & Co Lawyers’ interpretation of laws existing at the time and should not be relied upon in place of appropriate professional advice. Those laws may change from time to time.

Nick’s Family Law specialises in straight forward divorces, divorces involving separation under the one roof, child support agreements, financial arrangements and reaching agreements through negotiation, mediation, collaborative practice and through the court process.