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Many families initially believe that they can dissolve a marriage without the intervention of legal authorities and representatives. But, as practice shows, the conflicting parties often refuse an amicable agreement. They prefer to dissolve the marriage through the courts, believing that this is faster and more reliable. In this case, it is necessary to monitor the preparation and timely submission of documents (claims, objections, etc.).
I've self represented several times now after paying out a small fortune on solicitors and barristers. Can't say that I have come across any one of them worth their salt and all have been more snake oil sales people rather than having a genuine interest in your case. Your just another cash cow until you run out. I've listed from my experience some pro's and cons of self representing:-
Pro's
- Self representing yourself most importantly keeps you fully in the loop and the other parties representation has to communicate directly with you. It means that they have no alternative but to seek your approval or disagreement for any proposals they present on behalf of there client and vice versa. Instructed solicitors can often just nod in agreement on your behalf to save their time.
- You cannot be simply bypassed. In the past I was astounded by solicitors I had paid for agreeing to my ex's proposals without any reference to me believing that it would be a step in the right direction. When discovered, timelines would have passed and it was too late as orders had already been stamped and approved. A promise usually follows stating 'at the next hearing we will address it' which of course never happens
- Representing yourself means that it is all documented and you get to have your say whether agreed or disagreed and of course you have the opportunity to raise or challenge matters directly with a judge.
- You get far more respect from judges representing yourself and at least you get to speak for yourself and demonstrate 'guess what I'm human and I'm also a great dad'.
- I found judges would take the time to explain legal jargon for the layman something you do not get to hear when represented by a solicitor.
- You get to cross examine your ex, CAFCASS etc with your own bank of direct questions putting them in the spot light. You know what you want to say and solicitors will often deter you from asking such questions as they probably wouldn't get away with it. Of course a judge can shut you down but at least it will be recorded for the court transcript.
- Draft Court bundles have to be sent directly to you for your approval, this gives you the opportunity to review and request that any missing documents are included on which you are to rely upon in court. This could be crucial evidence to your case.
- You should directly receive draft court orders before the courts have approved them allowing time for you to comment on any inaccuracies that has been made.
- You will receive a copy of the judgment.
Cons
- Obviously we are not lawyers and therefore preparation for court, statements, emails etc saps up a colossal amount of your time and this can be tough when working full time and trying to switch off when your with your children.
- Opposing parties lawyers will bombard you with emails and paperwork to try and confuse the [censored] out of you, often amended documents with multiple versions of the same will follow in an attempt to side track you. There is an old business saying that 'if you can't dazzle them with brilliance, then baffle them with BS'. This is how they will work.
- The tactics will be delays and leaving things to the very last minute so that you do not have the opportunity to read through and digest the documents prior to attending the court hearings. My advice would be to badger them for the info multiple times as it will be at least recorded.
- Lawyers will deliberately slip things into the paperwork to advance their client in the hope that your do not spot them. These can seem like standard sentences but are often twisted in such away that they carry big weight for judges in the land of law lingo.
- The system is completely bias, bent, skewed which ever way you want to look at it so it is an uphill battle against a draconian system that is designed to be that the children spend once in the week and every other weekend with father. What ever contact you battle for, the system is designed so that if you end up with that arrangement you should be grateful that the courts have done you a favor to spend some time with your own children.
- You will be deterred from appealing any court orders and threatened with proving the judge made an error in case law and also threatened with court costs.
- Your just another statistic, the children don't really matter so the more lawyers who can provoke an argument between you and your ex the more money they can extract out of you. Even better when it is two lawyers working against each other for the 100,000 time. The game can be fined tuned in such away that the lawyers get their fat slice of the pie and the others get what's is often termed in court as the 'public purse' i.e. the tax payer.
- Solicitors representing the children are not neutral. There is simply no case for them if they are to support a fathers case. There is far greater mileage in opposing a father than there is a mother. It will be the father who is mainly going to challenge the system more so than a mother.
My own journey is still not complete however I'm a firm believer that the truth always comes out in the end. Representing myself has achieved more than any of the solicitors and barristers did for me and it has certainly cost less. If I had of known that my own journey was going to take so long I would have seriously studied family law!
I wish anybody representing their selves all the very best of luck.
Successfully representing yourself in family court is not impossible.
The first thing to determine is whether or not you need a solicitor and for what? If your divorce or seperation is complex then you may want to use a solicitor for the divorce/financial settlement but not for child arrangement order.
If you want to represent yourself you should learn the following for each relevant court application:
-What is the court process? Number of hearings.
-What information/evidence do the court need at each hearing, and what decisions do they have powers to make at each hearing.
If the answer is yes to at least 2 of the below then you could represent yourself for one or more court applications.
Do I have time and energy to learn about family law?
Am I emotionally intelligent and calm enough to be taunted by my ex into doing something silly or writing regrettable emails.
Am I capable of structuring arguments?
Do I have confidence to defend myself or put requests before a judge in person?
It's important to speak up if you feel that the draft court order is incorrect or doesn't accurately reflect the agreement made in court. You can do this by writing a letter and providing copies of any ignored emails requesting a copy of the draft order, as well as any transcripts or other documentation that supports your position.
Great post! I found the videos to be very informative and helpful for those who are planning on self-representing in court. I personally have had experience with representing myself in court, and it was a difficult process.
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