Personal experience in Family Law Court
Updated: 1 day ago
"At such a delicate time, when I'm already upset, going to court was just the last thing on my plate. I was such a wreck"
Patricia was only 25 when she was going through a divorce from her ex-partner; she described the time as scary and frightening. Not only because she was required to go to court, but because she feared what her ex-partner might do in the event he was unhappy with the outcome.
"I was lucky to have my parents to help me out because I had nothing to my name. I wouldn't have been able to afford a solicitor on my own."
This is a reality for many young Australians, as only 8% of Australians qualify for Legal Aid, whilst solicitor fees can be anywhere from $300 - $800+ per hour; this does not include the additional court fees that apply when registering or undergoing the courts processes.
"I probably would have had to represent myself in court, and that would've been dreadful; I would have probably walked away with nothing and lost everything."
Self- represented litigants (SRL) are a commonality in the justice system. The issue with SRL's is that whilst you are saving money by not hiring legal representation, the justice system will hold you to a high standard. That standard is commonly understood by those with a legal education or background; not obtaining the same education or knowledge places an unequal advantage on the opposing party. Alas, individuals are still required to pay the costs of the court.
"If I had access to a website or a type of training to teach me how to be self-represented, I probably would have felt more comfortable and wouldn't have got help from my parents, but at the same time to trust yourself in such a serious setting would be very risky."
Patricia explained she doesn't regret going to court and following through with her divorce.
"I'm glad I did something that was so petrifying to me; I feel like it gave me thicker skin and showed me I'm braver than I think".
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