Subscribe
Share
Share
Embed
Welcome to The OMB Law Board, the podcast where legal insights meet practical advice. Hosted by Simon Bennett, Managing Partner at OMB Solicitors, this show delves into what you can expect when engaging with OMB Solicitors. Specialising in property law and commercial law, OMB also boasts dedicated teams for estate planning, contested estates, body corporate matters, litigation, and family law.
Each episode features in-depth discussions led by experienced team leaders, some with over 20 years of expertise. You'll gain valuable knowledge on initial consultations, cost assessments, timelines, and the importance of clear communication and confidentiality in legal matters.
Join us to break down barriers and navigate your legal journey with confidence. Tune in for expert advice, client stories, and tips on how to prepare for your legal needs. The OMB Law Board is your trusted source for all things legal.
"(Music)
Simon Bennett from OMB Solicitors and today is part of our Family Law series. I've got OMB Family Law partner, Abbi Golightly. Welcome, Abbi. Hi Simon, how are you? I'm great, thank you. Thanks for being here again. We really appreciate you sharing with us your knowledge and insights into all things family law.
(...)
I'm just wondering,(...) is it worth getting a lawyer for family law? What if we can just resolve it ourselves?(...) Do I really need you?
(...)
You do. That's the long and the short answer.(...) You do need advice when you're resolving your family law matter, even if it is preliminary advice to understand what is factored into a division of assets, what are the best interests, considerations for children and then how you go about formalising any agreements that are reached.(...) Okay, so I can do it myself, but what are some of the risks if I do? What are the benefits to bringing in a lawyer? The risks associated with self-representation depend on where you're at in the system and the processes. If you're in the early stages and you're amicable and you sit down across the coffee table and you reach an agreement,(...) then what you need from your lawyer is someone who will take those instructions from you and go, ""This is the agreement that we've reached and this is how we formalise it,"" and you need someone to guide you through that formalisation process.
So, Abbi, what are the risks if I don't formalize the agreement and I just come to an informal agreement with my ex-partner or spouse? What can happen? What can go wrong? So many things.
(...)
The risks associated with informal property settlements, depending on whether it's a de facto relationship or a marriage, leaves you open to a claim from your former spouse for up to two years after separation if you're in a de facto relationship. And then all the way up until 12 months after your divorce becomes final if you're married, if you don't formalize your property settlement, there is a risk that your former spouse can make a further claim for property settlement. So even though you've divided everything up and you've gone about your merry way and moved on with your life and taken your assets and done things with them, if you haven't formalized your agreement, there is a risk associated with that informal nature. And that risk is that your former spouse can come hand out and go, ""I want some more, thanks."" Yeah. Well, that's an absolute disaster, that sort of situation. Absolutely. It's just fraught with danger. It is because you need to take your property settlement and have certainty and security that these aren't now your assets. You can do with them as you choose. And something as random as perhaps winning the lotto. Yeah. If that happens after separation but without a formalized property settlement, that $100 million powerball now in the pot. That would be nice.(...) So you can't move on because if you move on successfully, that success is open to be challenged. It is. There's a multiple level of factors that would be considered as to whether your former spouse or partner was entitled to a share of that accumulated wealth. But you just don't want to have the argument, do you? You definitely don't. And the other big benefit that I see externally, in particular with family law, is the independence of someone who can, without emotion, look at your situation and take the emotion out of it. Because we all emotional people. Absolutely. When it's our own matter, we can't do it. So the emotional drivers that are super important for our clients are not the drivers for us in giving legal advice. It's important that we understand our clients' priorities and what their hopes are for what they'd like to do with their outcome. But the independence that we bring to the situation is, I hear that, I understand that. But the reality is, this is how the system works. And this is how the Family Law Act applies to your situation. And this is how, within a range of reasonable outcomes, we think your property settlement matter will lie. And getting that independence and that neutrality and that advice can either then inform you to go and have further discussions or inform you in accepting a proposal that's been made to you by your former spouse or their lawyer if they've gotten a lawyer at that stage.(...) And then finally, I guess it's just the expertise, the experience and the knowledge to navigate the system. Absolutely. Self-representation in family law is a common occurrence.(...) People are frustrated with the system and the delays and all of the things that come with it and choose to represent themselves.(...) In a system that is so procedural, there are so many steps, there are so many rules, there are so many different forms, and different court events that require different preparation.
(...)
Self-representation in the litigation space is an absolute--
(...)
it's a disaster waiting to happen. And when you're playing with your future, you just don't want to take that risk.
(...)
So I guess the question that some of our listeners and viewers have got is, what about cost?
(...)
And I guess without going into too much detail,(...) disclosure of estimate of cost and things like that in my first appointment, are you going to be fairly clear with me? Am I going to get a good understanding of what is this going to cost? So after your initial consultation with us here at B Family Law, which is free, we provide you with information on our cost disclosure. And it sets out how we charge for things, the different members of our team, because we work in a team environment, and what they charge. We're obligated under the family law rules to provide you with specific cost disclosures before every court event, and the other party and their solicitor are as well.(...) And as part of that cost disclosure, we have to provide estimates for every single potential court event that we can possibly think could happen. So there is as much transparency as I think humanly possible in family law now. Of course, it's impossible to estimate the day-to-day back and forth, but that's where we, as your trusted advisors, put our cost-conscious cap on and look after as best we can, ensuring that we're managing things as cost-efficiently as we can.
(...)
Fantastic. Well, that's super informative. Thank you, Abbi. I'm absolutely convinced, and I see the benefits of having qualified and experienced family law representation to guide me through that very, very difficult and emotional process. So thanks for being with us today,
(Music)"