Guide to ‘Self-Representation’ in the Family Court
Going through a divorce, can be a stressful, time consuming and expensive process. Traditionally when getting a divorce, each party would have their own lawyers and go to court to ‘battle it out.’ Seven years ago I was sitting in the family court for my divorce case, we had already been separated for 4 years and I remember sitting in court thinking how fortunate I was to be able to afford the court process to fight for my parental and financial rights as the system was out of reach for so many people.
Generally, there are three avenues one can take when going to court for a divorce case
1. Lawyers and Barristers
It goes without saying, there are many benefits of having a lawyer. If you have the finances, engaging lawyers to run your case in court is the preferred option. Lawyers know the law and rules, they understand the legal language, the court process and are skilled in legal strategy and legal research. But lawyers don’t come cheap. In fact, one of the biggest hurdles to people getting the legal help they need is the cost. Lawyers charge anywhere from $350 - $700+ per hour.
When you hire a lawyer, they may request a retainer fee, especially if they will be doing work on a continual basis. This money is then held in a trust as security. Many lawyers bill in time units, usually broken down into 6-minute units, it is important to note that solicitors will round up their units, so something that takes 8 minutes will still count as 2 units, so you are paying for 12 mins not 8.
2. Legal Aid
If you have a legal problem and cannot afford a lawyer, Legal Aid may be able to pay for a lawyer to assist you. This is called a ‘grant of legal assistance’. Funds are limited and demand for legal services is high, therefore this service is means tested, and rules apply as to whether you are eligible for a grant of legal assistance. Unfortunately the majority of people miss out on this service.
3. Self-Representation
Representing yourself means you will need to prepare, file, and serve court documents, gather evidence to support your case, present evidence in court, examine witnesses in court, and argue your case before a judge. The prospect of self-representing can sound extremely daunting, and most likely too steep an obstacle for already stressed out people to overcome.
“This is where I started thinking there had to be a more equitable solution”
This is what piqued my interest in the legal system, and family law. Legal aid and lawyers aren’t always an option. Far too many times I have witnessed a devastated mother or father who have been left financially bare from their separation; they cannot afford the services of a lawyer and are not eligible for legal aid. And solo self-representation can be a far too daunting option for some.
At Simple Separation we have expanded our services and have now partnered with an online family law coaching and consulting firm, PARTING WAYS LAW, that takes a contemporary approach to family law services by coaching and guiding you through self-representation, including the preparation of court documentation. From learning how to negotiate with the other party’s lawyer, to learning how to self-represent in court, or prepare your own court documentation; there is now a helpful alternative.
Tailored coaching packages are available to equip you with the confidence, and legal information required to feel empowered as you progress through your family law matter. Coaching is available starting at $880, for the basic document preparation, $1650 for group coaching of two hours per month of group sessions and 4 x 15 minute one on ones through to the individual one on one coaching at $2,200 which includes more one on one time that can be tailored specifically to your needs. Book free consult here. There are payment plans also available to make this option more accessible for struggling families.
Christina Salvo, is the founder of Simple Separation, an online divorce settlement service, helping parties to separate amicably and legally. If your matter is unlikely to settle out of court and you can’t afford legal representation, book for a free consultation here to discuss packages available on how to Self-Represent in court or on how to respond to solicitor’s letters on your own.