Sign up to receive Benmor's Guide to Money & Divorce

o o o

Do I need a lawyer to go to court?

No. A spouse may appear in court without a lawyer. However, it is not recommended. The court process is complex. It is based on rules of procedure, such as the Rules of Civil Procedure and the Family Law Rules. The relief sought is based on legislation such as the Family Law Act and the Children’s Law Reform Act. Family lawyers are educated, trained and licensed to represent spouses in court. Family lawyers are familiar with recent changes in the law and are familiar with the court process. It is critical to obtain legal advice and representation by a family lawyer when proceeding to court. If, however, a spouse decides not to retain a family lawyer, he or she will then be responsible for preparing, swearing, serving and filing all of the appropriate court documents. The spouse will also be required to make oral submissions to the judge.