Self-Representing
DIY Family Law
This article was contributed by Alex Hampton
It's common for exes and parents to deal with financial issues without using lawyers, either by agreement or through court proceedings.
It is completely normal, whether you have lawyers on board or not, to find legal processes a bit alien. Think of the legal system like any other system that has established rules and conventions like, say, organised religion or a very pucker golf course or the WI. The best plan is to educate yourself (and you’re here so a big tick from us) and be prepared (which usually means reading all documents in your case in depth and doing what is required of you by the deadlines). But don’t berate yourself or lose your cool when things go a little wonky. Lawyers who have been doing the job for years make occasional mistakes or miss deadlines sometimes.
Most people who self-represent do so because legal fees are not affordable to them. This is really common, unfortunately, and the problem is especially acute since legal aid has been further restricted. It is always worth checking whether you might qualify for legal aid for your particular circumstances (for example if domestic abuse is involved) by following this link.
Our Top Tips for Self-Representing
We know that self-representing can seem like a step into the unknown but remember this: you, your ex, any lawyers in the room and all judges must pay heed to the Family Court’s procedural ‘North Star’ called the ‘overriding objective’. This means everyone has a duty to ensure that the case is dealt with fairly, expeditiously, proportionately, and appropriately. In effect, the overriding objective provides a shared goal in all family law proceedings – to resolve the case as efficiently and as fairly as possible. We cover this topic and more in ‘Think Like a Divorce Lawyer’, for those readying to self-represent.