It’s no secret (to anyone working in Family Law) that there is just not enough money in the Legal Aid budget for everyone who could use some help with their family law case.
And it makes sense that if they’ve got a limited budget, Legal Aid will give help to those most in need.
But what if you’re that person who misses out on Legal Aid, but also doesn’t have $3 or $5k to give to a lawyer – and that’s just to get started on your case!
Here’s my tips on how to manage when you’re on your own:
Use the Freebies
There are a number of services that are low or no cost that you can use to get you started on resolving your family law dispute.
First up, always check in with your local Family Relationship Centre. These places are designed and funded to keep families functional and out of Court if possible. They have parenting courses, mediation, counselling and referral services.
Legal Aid has an Infoline that anyone can call for direction about where to get help with a legal problem. If you have been experiencing family violence, there are also specific DV services that can link you up with free legal advice and referrals to other support services, along side important tasks like safety planning for you and your children.
Consider your Needs
Not everybody has the same need for legal help, and not everybody has the same competing demands on their finances. Weighing these up will help you decide how best to invest your money.
How much you would benefit from legal representation or advice depends on how complicated your case is. If you are pretty clear about what you want, why you want it, and why the other party doesn't agree to it, then you may not benefit a whole lot from having a lawyer on board. If your case is complex, the situation is developing all the time and there are safety issues, then having legal help should be a higher priority.
You also need to rank legal assistance against all of your other needs - maybe you need money for new furniture, maybe counselling is a higher priority at the moment - and that's ok too. There are also tools available to help you plan your financial future post-separation - such as the federal government's MoneySmart site.
Think Ahead
If you are heading into a Family Court case and aren't able to engage a lawyer, but know that you would benefit from one, it's a good idea to think about legal help as an investment in your future. Think about how much you could realistically save/spend on lawyers fees, and then think about where you can spend that money to get the most benefit.
I have seen in happen all the time -people start their family court case with a lawyer and run out of money half-way through, right when the case is critical and would most benefit from experienced legal guidance.
You can check out out our guide to the steps involved in a parenting matter or financial matter to get an idea of what's involved.
Spend Wisely
I think every family law matter can benefit from good advice, and the best way to make sure that the advice is having the most impact, is to spend it where the advice can really make a difference. Those times are:
The Right Start
At the very beginning of your case, god quality legal advice can help set you on the right path. A good lawyer will help you think about your case clearly, set goals for your litigation, and help you with a roadmap on how to get there.
The Turning Points
In many cases there are steps along the way that can be turning points in the case - an interim hearing, the production of an expert report, a settlement conference. Help at this time can change the course of your case, help you adjust your position based on new information and find new ways to settle or present your case.
The big Event
You need to make sure that when the really important decisions are made, the ones that will decide the parenting arrangements for your kids on a permanent basis, you are as prepared as possible. The trial (if you get that far) is the most important event in your court case, and it is essential that you save up some resources to spend at the end of your case, where it really matters.
