Do I need a lawyer for my divorce?

28 November 2022 in Family and Divorce Law

While it is not legally required to engage a lawyer to handle your divorce, it is highly advised. A lawyer can guide you through this difficult and emotionally taxing process and help you understand what you are entitled to. This is especially important when children or property are involved. The family lawyers at BSM know your rights and entitlements and will ensure that you receive all that you are entitled to under the Family Law Act 1975.

If you are considering representing yourself, it is recommended by the Federal Circuit and Family Court of Australia that you seek legal advice, even if you don’t engage a lawyer to represent you in court.

Advantages of engaging a lawyer

If you choose to represent yourself in court (also known as being an “unrepresented litigant”), you have the same duties and responsibilities as a lawyer. Your obligation will be to conduct research on your subject, get the necessary tools, and handle every aspect of your case. This is an immense undertaking and you must be aware of this.

A lawyer knows the legal system. They can explain how the law applies to your case and assist you in understanding your legal rights and responsibilities under part 6 of the Family Law Act 1975. They know the ins and outs of court procedures, timeframes and paperwork, and have the expertise to represent you confidently in a courtroom, saving you valuable time, stress and energy.

The family lawyers at Brander Smith McKnight have successfully dealt with countless divorce settlements and know how to make this a pain-free process.