My husband and I recently separated after 12 years of marriage. It has been devastating for both of us but for our 3 children we have decided to make the divorce as amicable as possible. Do I have to see a lawyer?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Andrea Stein, Brisbane 4000 QLD
- No. You also have the option of attending a family relationship centre or a private family dispute resolution practitioner.
- While they cannot give you specific legal advice they can however provide you with guidance about things like coping with grief and devising parenting plans for children.
- In many cases they will recommend that you consult a lawyer before making a final agreement. This is particularly the case with regard to property issues as such agreements are more likely to be binding if you have both received independent legal advice on your rights and obligations under the family law.
- A general practice lawyer should be able to provide this advice. You will usually only need a specialist family law if you and your ex-partner are in a situation of high conflict and cannot communicate with each other in which case the matter is more likely to end up in the courts.