When a spouse in Sydney is trying their best to negotiate a divorce, there is often little regard or awareness about the role of an attorney.
Amid the heartache that is experienced with a broken relationship, the last thing any ex partner wants to do is hire a solicitor.
By proxy they become a third party to proceedings, coming in between the couple to interject and interfere.
Yet this characterisation about a divorce lawyer in Sydney would be a misrepresentation.
Men and women who decide to accept terms on face value and leave the other spouse to seek a lawyer are doing themselves a major disservice.
Let’s see why their inclusion can be so valuable to the community.
Gathering Core Evidence
The central role that a divorce lawyer in Sydney will play for their client is gathering the core evidence to support their case. By accessing key documents including character references, police reports, employee records, credit history and more, it becomes easier to make the legal argument that a spouse is entitled to more rights and assets. Should a lawyer not be present, individuals will have to undertake their own research endeavours without the understanding of how they could be applied and what opportunities they actually present before a judge.
Forcing Opposing Counsel Onto Defence
As uncomfortable a situation as it can be, sometimes there is a need for a divorce lawyer in Sydney to stand their ground on behalf of their client and draw a line in the sand. Once evidence has been gathered, it can be used within a legal framework to push for child custody rights, to pass over debt or to ascertain a restraining order against a domestic violence abuser. Such maneuvers will ensure that the opposing counsel won’t be in control and they will fail to set the agenda, being forced to respond to specified actions instead.
Offering Concessions For Opposing Counsel
A divorce lawyer in Sydney can look to strike a balance between the carrot and stick approach, offering up key concessions to opposing counsel to showcase that they are indeed acting in good faith. This approach can take a variety of forms, from backing down on child custody to settling on the valuation of a house or accepting the acquisition of family debt to alleviate stress from their end. Solicitors who only take an aggressive and confrontational approach won’t be receiving any favours and this can complicate the proceeding.
Protecting Key Personal Assets
From home ownership and stakeholder investments to vehicles and other types of assets that are of monetary and sentimental value, a divorce lawyer in Sydney will be in a position to protect key personal resources. This will be a result of establishing what assets the client is actually entitled to, removing all ambiguity and confusion about the matter. Then they can acquire signed documents and papers that establishes what portion of a stake they have with certain resources.
Influencing a Judge’s Ruling
A spouse that attempts to take a legal case on their own accord won’t be equipped with the necessary legal skills to influence a judge’s ruling. This is where the involvement of a divorce lawyer in Sydney is paramount, using correct legal terminology and making the argument based on facts and sound reasoning. The judge is not in a position just to read off a document, but to hear an argument presented in a clear and coherent fashion before making a determination.
In the absence of a qualified and experienced divorce lawyer in Sydney, a spouse is left to negotiate complex and stressful legal procedures that they will struggle with. Some individuals will want to take a non-confrontational approach in order to ensure an expedited process from start to finish, but the threats to key family and financial assets have to be factored into that decision.