What happens at my first appointment?
You have taken the step to make an appointment with a family lawyer, but what will that appointment really be about and what should you expect?
FIVE things to be prepared for:
1. There will be a lot of questions. In helping you plan a path for moving forward, your family lawyer will need to ask some questions about your financial and personal circumstances in order to work out where you stand, moving forward.
2. If possible, put together a Schedule of you and your former partner’s assets and liabilities (click here for a simple schedule) – remember to allow for each of your superannuation interests, store credit cards, vehicle liabilities as well as the home you live in (if you own it), any shares and the like;.
3. Have a think about the history of your relationship:
a. What date did you start living together? When did you marry? When did you separate?
b. What assets (and if possible the value) and liabilities you each brought into the relationship?
c. Did either of you have any signification windfalls (personal injury claims, lotto wins, gifts from family and the like)?
d. Any ideas about the acquisition of property during your relationship?
e. Any ideas about your roles in the household?
f. Information about your respective incomes during the relationship?
g. Details of current income and any health complaints you each may have?
4. Have a think about what parenting arrangements are in place now and what you view as the ‘ideal’ arrangements for the children moving forward. Your lawyer will want to hear about how they are coping with the separation and any special considerations for them. Click here for a simple schedule of the things you should have considerate before the meeting;
5. It will be emotional, and you should not feel anxious about feeling this emotion – it is completely normal to be upset at a time like this. A lawyer’s role is to conduct a rational assessment of your case and help you devise an outcome based on the strength of your case, i.e. to steer you down the right track from the outset and not waste your time (and money).
FIVE things you should get out of that initial meeting:
1. A path for moving your family law matter along, in effect, a “to do list” to get you from step 1 to step 2 and beyond.
2. Information about the various options available to you. Keeping in mind that litigation (or ‘court’) is only one of a number of options available to you.
3. An idea of any risk management measures you should put into place, or keep in the back of your mind whilst you get from step 1 to step 2.
4. An idea of the costs that are involved in taking various steps in your matter. Whilst it won’t be a ‘quote’, given the variables, you should have a clear sense of what, at the very least, the next step in proceedings will cost.
5. A “feeling” as to whether your lawyer and you will make a good team – do you trust the advice being received? Do you have confidence in the lawyer and the process being suggested? If the answer is no, don’t be afraid to keep looking for someone who you have faith and confidence in.
Feel free to make contact if you would like more information at orlena.moloney@bgm.legal
