Preparing To Meet with Your Family Lawyer

It is understandable that someone might feel daunted by the prospect of meeting with a family law solicitor. Some clients even put off making an appointment because they are unsure about what they need to have on hand for the initial consultation. Of course, it is helpful to have financial documents and other evidence available for a first meeting, as this will allow the lawyer to target their advice more specifically. However, the most important point is to seek advice as early as possible, and not delay in the hope of being totally prepared. Below is some practical information to help prepare for a first meeting with a family lawyer.

First three steps

The first step before meeting with a family lawyer is to reflect on your goals in the matter. For instance, one person’s priority in a family law matter might be seeking sole parental responsibility for their children, while another client might be happy with equal shared parental responsibility, but are concerned about reaching a fair property settlement. Clearly articulating these goals can help a lawyer give advice that is tailored to your needs. If you are not clear about your priorities, your lawyer may spend a lot of time on matters that are a low priority or that are likely to be amicably agreed with your former partner.

However, it is vital to attend the first meeting with an open mind, as your lawyer can draw connections between facts that you might otherwise overlook. Your lawyer’s advice may not align exactly with your preconceived ideas about what you can achieve. For example, the lawyer may advise you to settle a dispute or accept a settlement rather than proceeding to court.

The next step is to take some time to research into Australian family law matters. It can be helpful to read informational articles about how the Federal Circuit and Family Court of Australia works and learn some terminology and basic concepts. This is not strictly necessary, as your solicitor will explain all necessary concepts, but it can help make the first meeting less overwhelming and also help you with the final step of the pre-meeting preparation.

The final step to prepare for a first meeting with a solicitor is to make a list of all the questions and concerns that relate to your specific circumstances. In the stress of the moment, it is sometimes hard to recall what you need to know or meant to ask.

First meeting with your family lawyer

During the first meeting, your solicitor is likely to identify the documentation that will be needed for your matter. Following the first meeting, you should immediately start collecting documents and materials as this process can take quite a long time. It is important to identify as early as possible if there are some documents that cannot be easily obtained, as your lawyer may need to take additional steps to retrieve a copy of this paperwork.

While documentation differs between cases, most property settlement matters will require:

• statements for all bank accounts, credit cards and loan accounts for at least the last 12 months;
• pay slips and tax returns;
• recent statements for superannuation accounts;
• property titles, mortgage documents and recent valuations of real estate assets; and
• list of assets and liabilities.

For divorce matters, the documentation require may include the:

• marriage certificate;
• documents that confirm the date of separation (especially if the couples are living. separated under one roof)

For parenting matters, the documentation require may include:

• children’s birth certificates, health records, school reports and evidence of current living arrangements;
• copies of any police reports and current Intervention Orders;
• records of communication with the other party that may be relevant to disputes or negotiations; and a
• written timeline and overview, including key dates, overview of the relationship, issues to resolve and desired outcomes.

If you have attended mediation or counselling, especially if you have a recent certificate of attendance and completion, you should share this with the lawyer at the first meeting. You should also let the lawyer know if there are any existing parenting plans and identify any relevant emails and text messages between you and your former partner. Being able to provide this information during the first meeting allows the lawyer to discuss options about parental time and safety provisions to protect children during their visits.

Be honest and open

Family law matters are often extremely personal, involving sensitive details about relationships, finances and children. In order to get the best out of the first appointment, it is important to speak honestly and openly with your lawyer about sometimes uncomfortable matters. Lawyers are bound by confidentiality so you can feel reassured that your lawyer will be discrete with your personal information.

With an experienced family lawyer providing advice, you will be on track to resolve your matter. For anyone who is thinking of taking family law advice, please reach out to Go To Court Lawyers on 1300 636 846.