Job Description Of Who's Who In Your Divorce And Separation
When you enter the world of divorce, dissolution or separation, you will find not only do they have their own language full of legal words that a layperson generally does not understand but this world is also full of individuals with job descriptions that you probably have never come across.
This help guide will give you a summary of these job descriptions so you are aware of what these individuals do and how they can help you.
Our website I AM L.I.P is designed not only to help you if you want to or have to sort out your divorce, dissolution or separation all by yourself but also to help you alongside receiving help from any of the individuals discussed below.
This help guide will give you the job description of the following professions.
- Marriage guidance counsellor
- Mediator
- Divorce coach
- McKenzie friend
- Paralegal
- Solicitor
- Barrister
- Judge
- Magistrate
- Usher
MARRIAGE GUIDANCE COUNSELLOR
Their Role
A marriage guidance counsellor’s role is to encourage both partners to open up to each other and discuss their issues in a safe environment thus trying to improve the communication, conflict and understanding between the both of them.
They will focus and address issues between both partners that are causing the problems and provide support as both partners work out their differences and issues. They will help rebuild the relationship, negotiate differences, and help resolve issues in a healthy manner.
It is a form of therapy which is done on a short term basis.
Other names they are known as –
They are also known as marriage counsellors, relationship counsellors, family therapists, and couple therapists.
Red flags
Marriage guidance counsellors should not show bias or favouritism towards any individual. They should only work with facts and not make any assumptions. They should not break your confidentiality, have a sexual relationship with a client, or abandon a client.
MEDIATOR
Their Role
A mediator is someone who talks to a couple to find workable and fair solutions in sorting out the division of marital assets and finances and child arrangements. Mediators are not marriage guidance counsellors. During the mediation the couple may decide to give it another go but that is not the aim.
Other names they are known as –
A mediator can be referred to as an arbitrator, go-between, moderator, and intermediary. These terms are most often used in other countries.
Red flags –
A mediator should not show bias or favouritism towards any individual. They should only work with facts and not make any assumptions. They should not break your confidentiality, have a sexual relationship with a client, or abandon a client.
LINK TO OUR L.I.P HELP GUIDE FOR MEDIATION
DIVORCE COACH
Their Role
A divorce coach is someone who one party or both can have to work with them and guide them through their divorce, financial settlement and child arrangements. They can be a sounding board, help you make good decisions, give impartial advice, help with the legal process from start to finish, give comfort and keep you calm. They can help with co-parenting advice also.
A divorce coach is much cheaper than a mediator or going through the courts.
A divorce coach will often be experienced in all aspects of divorce.
Red flags –
A divorce coach should not show bias or favouritism towards any individual. They should only work with facts and not make any assumptions. They should not break your confidentiality, have a sexual relationship with a client, or abandon a client.
MCKENZIE FRIEND
Their Role
A McKenzie friend is an individual who can attend a court hearing with a litigant in person (a person who is involved in court proceedings and is not represented by a solicitor or barrister). Permission is required by the judge presiding over the hearing.
A McKenzie friend is allowed to take notes, offer moral support, prompt, and quietly give advice to a litigant in person during the hearing.
Red flags
A McKenzie friend is not allowed to join in, contribute, or interfere in the court proceedings. They must also have no benefit from the outcome of your court case. They can be shown all the court papers, however, they must keep all the proceedings and what happens in court confidential. They also cannot act as the litigant in person’s solicitor, use their own address for correspondence, and manage the case. The litigant in person must make their own decisions.
LINK TO OUR L.I.P HELP GUIDE FOR WHAT IS A MCKENZIE FRIEND
PARALEGAL
Their Role
A paralegal prepares legal papers, does research, can interview witnesses, and performs and helps with the day to day admin and work within a law firm, court or police station. They have legal knowledge of the courts and field they are helping in but not the full expertise a fully qualified lawyer does. They can go to court as part of a legal team.
A paralegal can act as a McKenzie friend.
Other names they are known as –
They are also referred to as legal assistants.
Red flags
A paralegal is not a practising lawyer (they cannot practise law) and is not qualified to give legal advice. They cannot represent you in court.
LINK TO GOVERNMENT WEBSITE NATIONAL CAREERS SERVICE FOR PARALEGAL
SOLICITOR
Their Role
A solicitor is a legally qualified person who can practise law.
Solicitors will conduct your whole divorce, or part of your divorce, for you. They can complete and submit court application forms, write statements, prepare bundles, give legal advice, guide you through the divorce, communicate with your ex-partner and/or their solicitor. They can also attend court for you and represent you in court and/or help you find a barrister to represent you.
Red flags
A solicitor cannot do legal work for two clients where there is a conflict of interest. They must establish this first before taking on a client. They can’t keep your money or break your confidence about information you have given them without your permission.
LINK TO OUR L.I.P HELP GUIDE FOR SOLICITORS
BARRISTER
Their Role
Barristers generally represent you in court (they are your voice in court). They will speak on your behalf to the judge/magistrate and to your ex-partner’s barrister in the courtroom. They can also prepare your statements. Other things a barrister can do is give legal advice to people, including solicitors. They can research historical cases, especially if these cases have set a precedent, prepare cases for court, write legal documents, review evidence, gather evidence and cross examine witnesses.
Since 2010, you can ask a barrister to represent you and give you advice without going through a solicitor. This is called direct access.
Barristers work for a set fee for a piece of work called a brief fee.
Red flags
A barrister cannot mislead a court, lie to the court, and cannot work for two clients where there is a conflict of interest. They are not allowed to take control of a client’s affairs or hire professionals without their clients permission.
They cannot also handle your money or work for a retainer like a solicitor can.
LINK TO OUR L.I.P HELP GUIDE FOR BARRISTERS
JUDGE
Their Role
A judge is a highly qualified person within the field of law who presides over a court case in a courtroom and makes decisions.
They can do this alone as a single judge or be part of a team or panel of judges and make joint decisions.
A judge is a public officer.
Red flags
They cannot take a bribe or meet with any individual whose case they preside over.
MAGISTRATE
Their Role
A magistrate can preside over a court case for a minor case, less complex case or for preliminary cases. They are not a qualified legal person and have been through a training course to become a magistrate. The majority of magistrates are volunteers.
They are civilian officers. Magistrates will have legal advisers with them in court to help them with the legal aspect of their case.
Red flags
They cannot take a bribe or meet with any individual whose case they preside over.
USHER
Their Role
An usher is a person in court who prepares a courtroom for a hearing, greets the individuals who are attending the hearing, directs them, informs them which courtroom the hearing is in, labels evidence, passes statements to the judge, and calls witnesses for attendance and swears them in, during the hearing.
They make sure the hearing runs smoothly.
Red flags
They cannot give legal advice.