Anxious about your first consultation with a family lawyer? Preparation is key.
Separation can be challenging enough – let alone seeing a family lawyer which can feel very formal and intimidating.
As impossible as it might seem, our role is to help you feel comfortable and to help you work through the challenges – we do the heavy lifting for you.
With that in mind, knowing how you can prepare for your initial consultation can provide some comfort beforehand. It may also mean we can help you to identify your goals to move through this difficult time and to provide an early preliminary assessment.
To take full advantage of your consultation, consider these key points in preparation:
1. Emotional and financial goals
Before the consultation consider your emotional and financial goals.
What is important to you, what are your immediate and long-term concerns and what do you hope to achieve? We consider these matters to be critical to understanding you and to providing our best family law advice for your situation.
It can assist if you reflect on how you want your life to look at the end of this separation journey.
At the same time keep an open mind – you will want to think creatively during negotiations with your spouse and find a resolution tailored for your unique circumstances.
2. Your questions
Make a list of your questions.
You will want to absorb large amounts of unfamiliar information during the consultation. Even though we will ask if you have any questions, it can be easy to forget them as you try to take everything in.
You can even email them to us beforehand.
3. Information for property settlements
Typically, if you need a division of property, it is helpful if you can provide:
(a) a relationship history – details of when cohabitation commenced, the date of your marriage, when any children were born and their names, and the date of separation and current living arrangements.
(b) an employment history - details of both you and your spouse’s current and historical employment and income throughout the relationship, including recent tax returns and payslips.
(c) a table of the current assets, liabilities and superannuation of both parties, including:
(i) whether the items are held personally, with another person or by a trust or company in which a party has an interest or by a partnership;
(ii) details of the history of the acquisition of each major asset and liability – including the assets and liabilities of each party at cohabitation and separation; and
(iii) your estimated current values for each asset and liability.
(d) details of any significant lump sums received by either party – such as gifts from third parties, inheritances, compensation or windfalls (like lottery winnings).
4. Information for children’s matters
In addition to a relationship history (see (a) above), you may have relevant documents about the health, development needs and education of your children. You may also have any child support assessment and details of family dispute resolution undertaken by the parties.
We will ask you if you have any safety concerns for you or your children and, if so, copies of any associated Court Orders.
While it is not essential to obtain this information, the more you can turn your mind to it before the consultation the more fully and quickly we can assess your situation.
Do not delay the consultation while you assemble this information though. It is more important to obtain early advice as it is our role to discuss these issues with you.
At the end of your initial consultation you should:
(a) feel that we understand your goals;
(b) understand how immediate issues need to be addressed;
(c) have received preliminary family law advice or, if that is not possible, understand what further information is required and how to obtain it before your lawyer can provide that advice;
(d) understand the likely process involved to finalisation, importantly including the use of dispute resolution options outside of Court proceedings and the likely associated costs; and
(e) be able to consider whether you want to make a new will and change any death benefit nominations for your superannuation.
We understand that this process can seem overwhelming. We are experts at helping you work through it.
After a preliminary discussion with you, we send you a form for your completion and an email asking for the information we are likely to need before we meet with you. This information then simplifies our consultation and assists it to run smoothly.
We want you to feel supported, to know your legal position and to feel empowered.
If we can be of any assistance, you can contact us here.