Sadly, divorce and separation is something that is quite common. If you have recently separated from your spouse and divorce proceedings are underway it will undoubtedly be an upsetting and stressful time. It is always important that even in the most trying of circumstances you get the best possible legal representation that you can. You need someone who specialises in family law. Choosing the wrong, inexperienced lawyer can have dire and far reaching consequences.
The importance of choosing a lawyer that specialises in family law can’t be stressed enough, hence the need to mention this again. Hiring a corporate commercial lawyer or a civil litigation lawyer could make your already stressful situation even worse. There is the common misconception that any lawyer will have the required know-how and skill to deal with matrimonial matters and this is quite simply farcical.
Unfortunately, many divorces end in litigation when all forms of negotiation and mediation have broken down. The divorce is likely to be acrimonious with children involved with neither party prepared to sort things out amicably. It is important that each case is dealt with on an individual basis and appreciation that no two cases will ever be alike. This is something that will be recognised by a family law lawyer but may be overlooked by a general lawyer.
During our years in the industry, we have noticed many subtle differences between how family lawyers and those practicing in multiple areas handle the same situation. Here are just a few of our observations which may be worth considering when you choose the right person to protect your interests.
1. Over-conciliatory to the other partner
Just because both parties are willing to negotiate doesn’t mean that you shouldn’t fight for what is rightfully yours. The process is about negotiating and not simply agreeing to the other party’s demands. Both sides need to openly discuss what they wish to achieve and at times, this can lead to arguments. Aggression, channelled in the right manner is required in order to achieve a fair resolution.
2. The use of outdated practices
An inexperienced representative using outdated methods can make the situation worse, for example by writing scathing and antagonistic correspondence which carry unnecessary threats. With the recognition we now have surrounding the effects of divorce, particularly on children of the marriage, such tactics are widely considered inappropriate, ineffectual and unacceptable by the judiciary and other practitioners.
3. Lack of understanding of family law
Family law is complex and having a substantive understanding is absolutely essential. It is an area, unlike many others, that is constantly evolving and there is a certain sense of unpredictability that you may not find in other legal situations. This means that a lawyer that doesn’t deal with these cases on a day to day basis may lack the knowledge and comprehension required to properly represent their client. Delays can lead to increased expense along with potentially increasing friction between the parties.
Like most things, choosing an expert will achieve the best results, something that is very important for your long-term future.