Sometimes, people decide to carry out the Divorce process on their own without hiring a lawyer because they feel that this will help them save money.
However, many people often are unaware that the Court will expect you and your spouse to comply with all the formal rules regarding the formal and technical process of applying for the Divorce through the Family Justice Courts. This means that you will need to prepare all the Court papers and documents and communicate with the Judge at Court sessions (whether in writing legal arguments or presenting oral arguments) according to the same rules as a lawyer. In short, although the Judges and staff of the Family Justice Courts are patient and understanding and will try to guide you during your case if you are not represented by a lawyer, you must remember that Judges and staff of the Family Justice Courts cannot and will not give you any legal advice for your Divorce case, meaning that they cannot discuss your options or suggest and plan your next steps with you.
If you decide to apply for a Divorce, there are many Court papers and documents that you will need to prepare and submit to Court, for example:
- Writ of Summons
- Statement of Particulars
- Statement of Claim
- Proposed Parenting Plan
- Proposed Property Plan
- Acknowledgement of Service
- Memorandum of Service
- Affidavit of Assets and Means
- Affidavits of your witnesses
- Submissions (i.e. written legal arguments) for the Court
If you know or feel that your spouse will challenge and contest any part of the Divorce or Ancillary Matters (e.g. Custody, Care & Control, Maintenance for the Wife and Children and the Division of Matrimonial Assets and Properties), then you must be prepare that the case is likely to become complex and long-drawn-out and you should therefore carefully consider whether you can and should engage an experienced Divorce lawyer to advise you, explain to you your options as well as help you decide, plan and carry out the next steps in your case.
So, there you have it, some basic information on: when you need to engage a lawyer to handle your Divorce
