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WHY PROFESSIONAL LEGAL ASSISTANCE IS ESSENTIAL IN FAMILY DISPUTES
Do you find yourself in a dilemma on whether or not to obtain professional legal assistance or try to personally ride out the wave of a dispute you may have?
It may be that you want a divorce, that you want to acquire parental responsibilities and rights towards your biological child/children or a maintenance dispute you’re having with your ex-spouse. People often want to wait too long to consult a legal professional. The most common reason for that being that ‘lawyers are costly’ and that in some instances tend to worsen family relations. While the reasoning may hold some truth, here is why we think it is always best to consult a legal professional the moment a clear dispute arises. Reference will be made to family disputes to which our legal practice has a vast amount of experience and some of the most renowned lawyers in the field. 
Where the other party has legal assistance
It is advisable that when your spouse, while instituting divorce proceedings or any other related dispute, has the assistance of a legal professional, you should also seriously consider having a legal professional in your corner. This is especially important when there are minor children involved and when there is a joint-estate (for couples married in community of property). In these circumstances, attorneys will in most cases, and rightly so, try obtaining an uncontested divorce. This is obviously cost efficient for all parties and thus legally sound. However, in most cases, this will entail a settlement offer from the legally represented spouse to the unrepresented one. This offer can be problematic to the unrepresented spouse for a number of reasons.
It is in this settlement offer that the division of the estate is thoroughly outlined. More importantly, it is in this settlement offer where both spouses’ parental rights and responsibilities towards their minor children are also outlined. This includes issues of maintenance; with who the children will live and what contact the other parent will have. It should be noted that the legal representative of the one spouse predominately seeks only to serve the interests of their client and will not advise the other spouse on their rights. While the settlement offer may have been made in good faith, it might contain clauses which could benefit one spouse over the other. In addition, the settlement offer can include clauses in relation to children which may be unfair to the unrepresented spouse. The settlement agreement will have serious and far-reaching and long-lasting implications and will be made an order of the court. Also, knowledge of numerous Acts, like the Divorce Act, Matrimonial Properties Act and Children’s Act (amongst others) is integral to drafting a settlement agreement which you will not have.  
While it may thus seem expensive to consult a lawyer, an unrepresented spouse stands to lose much more. This is because once such a settlement offer is signed; it becomes part of the divorce decree and thus an enforceable agreement. Before entering such a final agreement, which will have a plethora of repercussions, it is advisable to consult a legal representative to ensure such a settlement agreement is favourable in full. It should be born in mind that however friendly a spouse’s lawyer maybe, they only represent their client’s interest. It is advisable to also have a lawyer in your corner.
Where spouses choose to institute proceedings personally
While an individual should always be aware that they have a right to represent themselves in legal disputes, it is a fact that the law by its inherent nature is complex. For the following reasons, while it may seem that representing oneself may be less financially burdensome, the opposite is actually true.
Legal issues are technical in nature. The absence of, or adding of, one simple word in drafting a particular document or clause may mean that a matter has to be postponed or that it has to be reinstituted again or may later be unenforceable. While you may have an idea of what is supposed to be done, the technicalities and procedures involved, if not followed may make a simple matter, which would normally be dealt with in 3 months, to drag on for years. The costs in time, emotion and money this would cause would far outweigh the saving by not obtaining legal advice. Also, any error you make in the drafting of your legal paper could lead to you having to pay legal costs of your opponent. This is even more worrisome where your opponent is using the services of an expensive lawyer.

In summary; whether it is divorce dispute, a dispute in regards to Parental Responsibilities and Rights or a maintenance dispute, a consultation with an attorney, at very least, will in all likelihood save you considerable time, emotional turmoil and money. Never forget, knowledge is power.

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