1. Lawyers are in the BUSINESS of law, they have budgets to meet like all other business’
2. Your divorce lawyer should advise you of your legal rights and take you through the legal process and you will be charged between $250 and $450 per hour for this information. So it makes perfect sense to learn how the divorce process works and do as much as you can without the lawyers, and only hire them to do the things you cannot do yourself. Over-Dependence on your lawyer can be very costly
3. Beware our system of justice in Australia is known as an “Adversarial System”. Basically it is designed for fighting
4. Communication Breakdowns with your lawyer can happen. Don’t be intimidated by your lawyer. Know your rights if you have a dispute with your lawyer
5. Beware of lawyers who say they have influence because they specialise in family law and are around the family courts all the time
6. Smooth talking lawyers can often be empathetic and friendly but this may be to cover their lack of legal abilities. A divorce lawyer may try to play the role of therapist and friend and bill you at his legal rate for his time
7. Some lawyers use tactics to draw out your property or child custody issues or to simply antagonise the other party. When a lawyer tells you to do something think carefully about the consequences
The 2-hour Divorce Workshop will tell you what you need to know so that you can decide what your best options are to save you stress, time and money.
The Australian Bureau of Statistics figures show that the average time from separation to divorce is 3.5 years.
It can be very costly to leave everything up to the lawyer! If you’re seeking some financial advice and you’re based in Sydney, contact James Gerrard – Financial Advisor Sydney
• Australia’s legal system explained in plain English
• Answers to commonly asked questions relating to separation, divorce, property settlement and child support
• Guidance through the legal process and the alternatives to litigation
• Information to help you with Do-It-Yourself divorce and property settlement
• Essential information for finding support services
• Family Law databases explained and how you can use them
• Tips on how to choose a lawyer
• Tips on how to work with your lawyer and how to keep them accountable so your bills don’t get out of control
• Insight into tactics used by some lawyers to drag out your family matter and increase costs – (The law is a business and it is often not in the lawyers’ best interest to settle your case early.)
Divorce In Australia strives to educate and empower people. We are committed to helping our clients understand the complex and confusing family law system. By being practical and empathetic, we are able to give our clients peace of mind and confidence to deal with their family law matter more effectively.
Our customer service team will treat your enquiry as 100% confidential – Guaranteed!
Code of Ethics
We conduct all of our activities professionally and with integrity. We take great care to provide unbiased and objective information so that issues are never influenced by anything other than the best and proper interests of our clients.
We are committed long term to the mission of helping our clients achieve their objectives whilst minimising cost and stress. Just as we constantly update and improve our services, we want to continually evolve our company to be in the best position to help people who have Family Law problems and to better serve our clients.
In Australia, our system of justice is known as an “Adversarial System”. When a divorce is conducted in our legal system, the parties are regarded as adversaries, enemies in combat. The spouses and their lawyers are expected to struggle against one another and to try and “win” the case.
In spite of the way it seems, lawyers are not always villains and are not always to blame for stirring up conflict. Unfortunately, even for lawyers who mean well, the tools they use and the system they work in will usually increase conflict and costs.
The following are examples of some of those nasty tactics lawyers and/or their clients will sometimes use. If you are encouraged to use these tactics, then don’t be surprised if your actions come back to haunt you after the divorce!
Threaten costs when it’s unwarranted
A very common divorce tactic designed to intimidate the other party
Advise you not to speak with your spouse
This could even include arrangements for your spouse to have parenting time with your children. This is a tactic used by some lawyers to create conflict, create issues that don’t exist, increase legal fees and wear the other side down. It can also cause a serious break in parent-child ties if the non-custodial parent doesn’t get to see the children because he or she can’t set up any parenting time.
Don’t pay anything until you are ordered to
If you have moved out of the family home and are the primary source of income for the family, they advise you not to pay any household bills or send any support until you are forced to do so by the court. This is one of the steps in a routine called “Starve Out The Other Spouse”. The goal is to get the other spouse in a financial position where he or she, out of desperation, will accept an unfair settlement.
Wear the other side down mentally, emotionally and financially
If the lawyer for one spouse suspects that the other spouse is playing dirty, they may engage a forensic accountant and spend years in a process called “legal discovery” pouring through tax records, accounting ledgers, credit card bills, bank statements and share transfers. At every step of the way, a foot-dragging spouse can try to wear the other side down with delays. This is not something lawyers necessarily object to since their “meters” are ticking.
Seek unnecessary orders
Seek a court order for primary custody of your children when you would actually agree to a joint custody or visitation arrangement. The real purpose for the request is to strike fear into the heart of your spouse and use it as a club to get your spouse to give up on something else, usually a financial issue.
Advise you to take money out of jointly-held bank accounts
They tell you to put all the money into an account in your name alone and not to tell your spouse about it beforehand.
The author and publisher of this document have done their best to give you useful and accurate information. This article does not replace the advice you should get from a lawyer, accountant or other professional if the content of the article involves an issue you are facing. Divorce laws change from time-to-time. In addition, it is a very fact-specific area of the law, meaning that the particular facts of your marriage and divorce, as well as other external factor,s may determine how the law is applied in your situation. Always consult with a qualified professional before making any decisions about the issues described in this article.
What qualifications do the people at Divorce In Australia have?
Our team members have either personally experienced years of stressful litigation in the Family Court or have extensive professional experience as qualified lawyers including cases in the Family Law Court in Australia. They are all sensitive and compassionate and have a genuine interest in helping people involved in separation and divorce.
Why would I contact Divorce In Australia before consulting a lawyer?
With divorce you need to be ready to see a lawyer because many lawyers will be ready for you; you need to be aware of some lawyers’ tactics which include adversarial court conduct, excessive charging and an emphasis on litigation rather than negotiation. Divorce In Australia can help you look objectively at your situation when your emotions are running wild and when it is difficult to make decisions that are in your best interests; we can help in your choice of lawyers and refer you to other experts who could assist you where lawyers can’t.
Are you a referral service?
No, we are unbiased and objective. We are here to support YOU. Many divorce-related sites on the internet offer a lot of information to bait you into using one of the law firms that PAY to advertise on their site. If you need help in selecting a lawyer we can help you. We can also help you once you have instructed a lawyer with our Divorce Coaching Programme.
I am not in Sydney. How can I attend a workshop?
Our 2-hour workshops can be facilitated via Skype.
What information will I be required to give?
We will only ask for your name. We ask for your name so we have a name to call you – that’s all.
Who can attend the workshops?
Divorce In Australia Workshops are for anyone who is affected by Divorce or separation issues. This includes parents, grandparents, or just concerned friends.
Will my call and attendance be confidential?
We will treat your enquiry and attendance at the workshop as 100% confidential – Guaranteed!
Why would I contact Divorce In Australia after consulting a lawyer?
Many lawyers will protract litigation unnecessarily when most disputes can be resolved through meaningful mediation. This is especially true when they can see you have the funds to finance litigation. Or conversely some lawyers will try to settle your matter quickly because you don’t have the cash flow they require, or they don’t see any promise of you paying until the matter is resolved. With the 30 years of combined experience in the legal industry and court system we can help you ‘ keep your lawyer honest'; you might need to know alternative forms of dispute resolution if you cannot afford to continue with your lawyer. You may also want to know how to resolve disputes with your lawyer or where to go for help. Whilst we can’t provide legal advice, our experience will soon tell us whether something seems right and whether you should clarify something with your lawyer; we could even suggest some questions to ask your lawyer or whether you need a second opinion from another lawyer.
Will I be told how to approach my separation and divorce?
No, but you will be told your options. By attending our workshops you will be empowered to move forward because you have the information and resources to make your own rational decisions that are in your best interests. Well-meaning friends and family or self-interested people such as lawyers can put pressure on you to make decisions. We will not make decisions for you or pressure you to do anything. We will simply empower you to see your position objectively, showing all possible avenues and helping you find the resources to fulfil your objectives.
The author and publisher of this document have done their best to give you useful and accurate information. This article does not replace the advice you should get from a lawyer, accountant or other professional if the content of the article involves an issue you are facing. Divorce laws change from time-to-time. In addition, it is a very fact-specific area of the law, meaning that the particular facts of your marriage and divorce, as well as other external factors, may determine how the law is applied in your situation. Always consult with a qualified professional before making any decisions about the issues described in this article.