What is a Family Lawyer?
Central Coast Family Solicitors
Family law covers a wide range of issues, including divorce and child custody.
Darley Legal have many years of experience dealing in family law matters on the Central Coast of NSW.
We approach all cases with the empathy and respect that our clients deserve when dealing with highly emotional and personal matters.
Family lawyers can help you with your divorce or child custody case by representing you in court, negotiating out-of-court agreements with opposing counsel, or providing advice about how to proceed. They can also assist you with any other legal issues related to your family situation.
Family law covers a broad range of issues that affect people at every stage of life: marriage and divorce, domestic violence and child abuse, adoption and surrogacy, paternity matters, alimony and spousal maintenance payments as well as other financial issues related to marriage such as property division in the event of divorce or death (wills).
What Does a Family Lawyer Specialise in?
Anyone who has been involved with family law for a while will know that it can be challenging and frustrating at times. Matters often don’t run as smoothly as you would like. This is especially the case if you are involved in a divorce or child custody dispute.
The laws and processes related to these matters can be extremely complex, making it difficult for individuals who are not formally trained to understand them. However, with a bit of research, insight into the ins and outs of family law, and the right kind of lawyer, things do get better. You might not be able to immediately solve your problem when it comes to divorce or child custody disputes but with family lawyers, you have someone on your side working towards a solution.
What Does a Family Lawyer Do?
We will be upfront with you from the beginning of the process. You may be seeking legal advice because you are experiencing a family law matter, or you may be an attorney representing a family law matter. Either way, we will be the first people to understand your situation so we can offer the right type of advice. At a high-level, a family law lawyer will be involved in a wide variety of matters, such as:
- Divorce – There are a number of issues related to divorce, including separation, alimony, child support, property division, and custody. Attorneys can help people navigate these issues so they can end their marriage as amicably as possible. They can also be there to help people through the emotional difficulties that can come with divorce, such as anger, sadness, and regret.
- Custody – With regard to custody, there are both legal and practical considerations. A lawyer can help you with these, such as whether to seek joint custody or sole custody. Or, they can guide you on how to negotiate a custody matter with your ex-spouse and the relevant custody agency.
- Visitation – This is the right of non-custodial parents to spend time with their children. This can involve set periods of time or on a case-by-case basis. When all is said and done, visitation is a matter of compromise and compromise is always hard. A lawyer can guide you in finding the right balance between what you want and what your ex wants.
The Role of a Family Lawyer
A family lawyer is often the first or only person you turn to for help in a family law matter. They are the experts in family law matters, so you will likely get sound advice from them. You might also find that you get along with a family lawyer better than you do with your spouse. This might be especially the case if you are working with an attorney on your divorce or child custody matter. Family lawyers are encouraged to help people navigate the complex process of divorce and custody proceedings. They can help you determine what to do and what is right for your situation. They can also help you learn about the laws and processes related to divorce and custody. There are many family lawyers who have expertise in specific areas such as divorce, child custody and support, or individual rights. If you are dealing with a family law matter, try to find a family lawyer who has expertise in the area of family law that you are dealing with.
Things to Consider When Hiring a Family Lawyer
- Experience-Experience matters with regard to hiring a lawyer. This is particularly so with family law matters. When hiring a lawyer for a family law matter, you want to hire someone who has experience working on that exact type of matter. This can help you determine if the lawyer is the right fit for your case.
- Fees – You should also consider how much the lawyer charges. This can be a significant factor in whether you hire the lawyer or someone else. There are a few different fee structures you can use when hiring a lawyer.
- Client Reviews – Finally, you should check out the lawyer’s client reviews. This can help you get a sense for how other people have felt about the lawyer you are thinking of hiring.
Tips for working with a lawyer When Handling a Family Law Matter
- Be honest with the lawyer. – If you do not trust the lawyer, then it will be much harder for them to protect your interests. You should be honest about your situation, your finances, your frustrations, and your concerns. – Work with a lawyer who is knowledgeable and experienced.
- You want a lawyer who has worked on cases similar in nature to yours before. You also want a lawyer who is experienced in dealing with the sort of issue you are handling.
- Be clear with your lawyer. – Be as specific as you can with regard to your case. Be as specific as possible when speaking to the lawyer about your finances, your children, your emotions, your finances.
- Be open-minded. – Let the lawyer know that you are open-minded about their recommendations and suggestions. This will help you get the most out of the attorney-client relationship.
- Be direct. – Let the lawyer know when they are making a mistake or going down the wrong path. This will help you get the most out of the attorney-client relationship.
- Be patient. – There is no instant answer to your situation. You will need to be patient and you will need to stay consistent.
Darley Legal Specialise in Family Law on the Central Coast of NSW
Family law can be a very complicated and difficult field to navigate. It is important that you find the right kind of family law lawyer to help you navigate your family law matter. Family law lawyers can be helpful in a variety of ways, from negotiating a settlement to helping navigate the legal system.
Spousal Maintenance
Spousal Maintenance can take both or either of two forms. Firstly, spousal maintenance can be in the form of one lump sum, such as one person taking a higher percentage of the share of the assets, that higher percentage representing a set amount of support, or secondly, spousal maintenance can be agreed or ordered as ongoing regular payments.
In order for Spousal Maintenance to be applicable, one of you must be in need of ongoing support, as you are unable to support yourself ‘adequately’ and the other person, needs to be able to afford to pay Spousal Maintenance.
Financial Matters
When you are sure that the relationship is over, it is only natural and often necessary that you will want and need to divide your property. There is also another more pressing reason that you may not have considered, and that is, that until you separate your assets legally by way of Consent Orders or Binding Financial Agreement, everything you possess or purchase moving on from the relationship is part of the marital assets and years after separation your newly purchased home or car could be transferred to your ex-partner as part of a family law settlement. This is not a fact that most people are aware of and should certainly be a motivating factor in formally and legally dividing assets.
Parenting
This will likely be your biggest concern. Who will the children live with and when will you see them? will your spouse make it difficult for you to see the children or speak badly of you to the children? how will you cope on your own? What about holidays and birthdays? what about overseas travel?
Our family lawyers will guide you through all these options. If communication between you and your spouse is still ongoing and the relationship has not broken down completely, we can assist with arranging mediation so that you and your spouse can decide in a safe environment what are the best arrangements for the children. If communication is no longer ongoing or even possible due to family violence or quite simply an inability to communicate, we can assist by communicating with your spouse or their solicitor with a view to coming to an agreement as to care arrangements for the children.
Divorce
In order to obtain a divorce, you will need to show to the Court that:
- the marriage has broken down irretrievably;
- You have been separated for a period of 12 months (even if you have continued living together); and
- where there are children of the marriage who are under 18 years of age, that there are arrangements in place for the care and welfare of the children.
Why Us?
There are a lot of firms out there that can advise you on your options in a divorce/separation, so what makes us different from the rest?
- We pride ourselves on our ethics and our compassion, we will tell you upfront your options and likely outcome, without you spending significant hard-earned monies on legal fees without any realistic prospects of being successful in obtaining the result you desire.
- We understand that clients do not have unlimited access to funds and legal fees and court fees can be expensive, for that reason we offer payment plans and a high degree of compassion in relation to fees.
- We understand that you don’t want to have to repeat yourself over and over, and for that reason you’ll be appointed the same solicitor that will assist you from start to finish.
- We understand that you also need to work and have other commitments and for that reason we are happy to conduct appointments on the weekends or after hours.
- We practice in a number of areas and can offer you expert advice on other matters ancillary to your separation, such as making or changing a Will, Enduring Powers of Attorney and Enduring Powers of Guardianship, purchasing or selling a property, even obtaining an AVO or defending one.
