Do You Need a Family Lawyer?

Not every separation or family law issue needs to become a legal dispute. Many families are able to agree on important matters themselves.

But there is a big difference between reaching an agreement and understanding what that agreement may mean legally.

A family lawyer isn't only someone you call when things have gone wrong or when you're heading to court. The right lawyer can help you understand your legal position, identify issues you may not have considered and explain the options available before important decisions are made.

Common questions

Can we reach an agreement ourselves?

Often, yes.

Separating couples may be able to agree on practical matters such as parenting arrangements, property or finances without a major dispute.

But an agreement that feels fair today may have consequences that aren't immediately obvious. Family law can involve property rights, financial obligations, children, KiwiSaver, businesses, trusts and other issues that may not be apparent at first.

A family lawyer can help explain what an agreement means from a legal perspective and whether additional legal steps may be required.

When should I get legal advice?

There isn't one point at which everyone suddenly "needs a lawyer".

People often seek family law advice when they are separating, considering a property settlement, discussing parenting arrangements, dealing with relationship property or simply aren't sure where they stand.

Getting advice early can sometimes make the process clearer because you understand the legal issues before positions become fixed or a disagreement becomes more difficult to resolve.

Is mediation enough?

Mediation and other forms of dispute resolution can be extremely useful for helping people reach agreement.

But mediation and legal advice perform different roles.

A mediator generally helps people communicate and work towards agreement, while a lawyer represents and advises their own client about their legal position.

Depending on the issue, someone may therefore choose to obtain independent legal advice before, during or after a mediation process.

What if we already agree?

This is one of the most important questions.

If both people agree, it may feel unnecessary to involve lawyers at all. However, some family law arrangements have particular legal requirements, and there can be an important difference between an informal understanding and a legally effective agreement.

A lawyer can explain whether anything further is required in your particular circumstances.

A family lawyer doesn't necessarily mean Family Court

One of the biggest misconceptions about family lawyers is that instructing one means you're preparing for a fight.

It doesn't.

Family lawyers assist with everything from early advice and straightforward agreements to negotiation, mediation and complex Family Court proceedings.

In fact, getting the right advice early can sometimes help people understand where genuine areas of disagreement exist - and where they don't.

The objective doesn't have to be confrontation. For many people, it is simply about understanding their position and finding the most practical way forward.

Why finding the right family lawyer matters

Family law is highly personal.

A lawyer who is right for a complex relationship property dispute involving businesses and trusts may not necessarily be the lawyer you would choose for a straightforward separation or parenting agreement.

Likewise, someone dealing with a difficult parenting dispute may need different experience from someone who simply wants help documenting an agreed relationship property settlement.

When choosing a family lawyer, it can be useful to consider:

• •Experience relevant to your particular issue
• •How clearly the lawyer explains things
• •Their approach to negotiation and resolving disputes
• •Whether their communication style works for you
• •How quickly they can assist
• •How fees and likely costs are explained
• •Whether you feel comfortable discussing personal matters with them

The cheapest lawyer isn't necessarily the right lawyer - and the most senior lawyer isn't automatically the best fit either.

What matters is finding someone with the right experience and approach for your particular situation.

The right lawyer can help you understand your options

Family law decisions can affect your home, finances, children and future arrangements.

Good legal assistance should help make a complicated situation clearer, not more confusing.

The right family lawyer can explain the relevant law, help you understand the options available and identify which issues actually require attention.

And sometimes the most valuable advice may be confirmation that an issue can be dealt with relatively simply.