Everything you need to know about family law and when to hire a family lawyer

What is family law all about?

If you’re researching family lawyers near me’, it means you’re ready to speak to someone. You don’t necessarily know who you need to speak to exactly, but what you do know is that you need a family lawyer. 

To catch you up to speed (and spare you boring legal jargon), family law is the legal practice of areas that focus on issues involving family matters, such as divorce and separation, child custody, property, and financial settlement, among others. 

Family law may also cover:

  • Family court proceedings
  • Drafting legally binding financial agreements and documents
  • Domestic violence
  • Child protection proceedings 
  • Spousal maintenance


What is a family lawyer? 

Family lawyers are responsible for handling legal issues that arise between family members, i.e. husband and wife going through a divorce. Providing legal advice and support, a family lawyer helps you navigate through all the stress and emotion with a clear legal plan that allows you to move forwards. 

Some family lawyers may also specialise in other areas and can also represent you in court for cases regarding divorce and domestic violence, child protection, as well as offer advice on areas like wills and family estates.


Different types of specialised family lawyers include:

  • Divorce lawyer
  • De facto lawyer
  • Separation lawyer
  • Child custody lawyer
  • Child protection lawyer
  • Wills lawyer
  • VRO lawyer


How can a family lawyer help you?

So, what does a family lawyer do? Family lawyers work with a wide range of clientele advising them on their options and rights, including those in de facto relationships, children and the elderly, to married couples. Their duties, however, will vary greatly from case to case. 


Divorce applications

How do you get a divorce in Australia? Has become one of the most highest searched phrases relating to family law, with the divorce rate in Australia climbing due to recent effects of the pandemic. It’s also one of the most complicated and confusing processes that is equally stressful as it is emotional. 


A family lawyer guides you through the divorce process smoothly and clear headed. Our experienced family lawyers will help to resolve your situation and reach a settlement without going to court, which could potentially save you thousands in court fees. 


Divorce lawyers can also help with:

  • Lodging sole applications for divorce
  • Lodging joint applications for divorce
  • Negotiate in court on your behalf
  • Help you split liabilities 
  • Protect your interests, get the best possible settlement and outcome


Property and financial settlement

Who gets the house after a breakdown of marriage or de facto relationship in WA and all States in Australia? Deciding who gets to keep the house will be one of the first and most important considerations in a divorce or separation. A settlement lawyer can draft, prepare, review and manage property settlements to ensure your interests are protected. 

They can give you legal advice and make recommendations on any amendment that should be made to a financial agreement. For example, spousal maintenance being paid at periodic intervals or paid as a lump sum.

Speaking with an experienced family lawyer helps you get a better understanding of your situation, legal rights, and entitlements. It’s also one step in our simple separation and divorce checklist


Child custody disputes and parenting matters

What happens to the kids if two parents separate or divorce? Do both parents get equal share? Does one parent get more time than the other? Deciding parental responsibility is a sensitive matter that can quite often get messy if both parents are on less than amicable terms. 

This is where a parenting plan, drafted by a family lawyer, can help determine all aspects of the care, welfare and development of a child, and gives you and your former partner a better understanding of the future arrangements for your child. 

Speaking with a family lawyer on parenting matters can help you settle parental responsibilities, or apply for a Consent or Parenting order in court. 

  • Parenting Plan
  • Parenting Arrangements
  • Consent and Parenting Orders


Violence restraining orders

Are you a victim of personal or family violence? The Family Court takes domestic violence and misconduct very, very seriously in Western Australia and all States of Australia. If you are in any physical danger of being harmed by your partner, a family lawyer can assist you in applying for a VRO. 

Speaking to the best VRO lawyers in Perth can help initiate proceedings with VRO applications and move your case forwards swiftly, as time is of the essence.

  • Prepare documents required for VRO applications
  • Build your case and make sure you’re prepared for court
  • Objecting to a violence restraining order


Benefits of hiring a family lawyer

Why is it important to have a family lawyer? And is a family lawyer worth it? Divorce and separation can be an extremely stressful time for you and the kids. Having someone to lean on and guide you through separation and divorce, financial, property and custody negotiations, court procedures, and just about everything that comes your way can make a world of a difference. 


The benefits of having a family lawyer by your side:

  • How to protect your interests
  • Understand your legal rights and responsibilities
  • Having someone you can rely on during an emotional time
  • Feel more comfortable and less stressed about your situation
  • Get a legal plan that helps you move forwards with confidence


How much does a family lawyer cost? 

It’s important to note that price isn’t always a good indicator of quality service. An expensive lawyer who bills by the hour may be loaded with cases, therefore they are not able to spend quality time on your case. 

If you’re going through separation, filing for divorce or child custody, fixed fee packages and affordable payment plans gives you the opportunity to negotiate the best possible outcome, regardless of your financial situation. 


When to hire a family lawyer? 

If you’ve resonated with anything that’s been mentioned above, it’s probably time you reached out to a family lawyer. A better question would be, how to find a family lawyer you can trust and rely on? With so many family law firms in Perth, it can be hard to find one who will understand and listen to your situation. 

This is why we offer a free 1 hour consultation here at Savannah Legal. We first take the time to understand your situation, concerns and needs, before providing you with a legal plan outlining your options. Our goal is to give you affordable legal advice while lifting a burden off your shoulders. Book your free consultation today.

Disclaimer: The content on our website is intended to give general information about the law and does not constitute legal advice. If you have a specific legal problem, you should consult a professional legal advisor. To the extent permitted by law, Savannah Legal is not responsible for and do not accept any liability for any loss, injury or damage, financial or otherwise, suffered by any person relying or acting on information contained in or omitted from the content on our website.


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