Separation isn’t easy and meeting a lawyer for the first time can seem daunting. Our goal for the initial family law strategy session is to help you understand your rights, options and next steps for the path forward. To help you make the most out of your first appointment with us, our family lawyers Talya Faigenbaum and Elaine Li have created a checklist of Do’s and Dont’s to help you gain some insights.
What to do
Do get informed about your assets, liabilities and superannuation
Prior to your first appointment, we will send you an online form to complete. This form will ask you a series of questions which will help us to understand your situation better. You will be asked to provide details of the assets, liabilities and superannuation of the relationship. If you don’t have all the information – don’t worry! This exercise helps us and you work out what further information needs to be gathered. We will help you determine what information you need right now and what can wait.
Do consider what your financial needs are
Have a think about your budget and what your expenses are. Tell us if there is a shortfall between your income and expenses, and we will discuss the legal solutions with you. You may also wish to speak to a financial planner to work out what your future financial needs are. A financial planner can assist you to plan for your financial future. We can work with your financial planner to ensure that you achieve the best outcome.
Do find out your borrowing capacity
Turn your mind to what you would like to achieve as part of a property settlement. Do you want to keep the house that you are living in, or buy someplace new? You may need to get an appraisal or valuation of the property and/or approach a mortgage broker to find out what you and your ex-partner can each reasonably afford. It’s okay if you haven’t decided yet and need more time to assess where you see yourself in the future.
Do seek support from a counsellor
Seeking support from a counsellor is a good investment to ensure that you have all the help you need. While friends and family are often a great source of support, they (like lawyers) are not trained counsellors. Our past clients have said that having a team of professionals looking out for their interests has helped them get through the process..
Do protect your privacy
It is a good idea to ensure that your personal information and correspondence with us is private. Be careful who you speak to about your family law matter, as friends and family can be called to give evidence in Court. You may need to change your email and social media account passwords to ensure that your ex-partner does not have access to your personal information and our advice.
What to not do
Don’t ask Dr Google or your friends for legal advice
Unfortunately, there are a lot of myths surrounding family law. You might have friends who have been through similar situations as you and who want to share their advice. However, the advice and strategy that they received may not be suitable for you. That is because every family is different. We will tailor our legal advice to your specific needs and family circumstances.
Don’t disadvantage yourself to please your ex-partner
One of the common mistakes that we see people make is agreeing to inappropriate arrangements soon after separation and regretting it later. This often occurs when one person wants to save the relationship or avoid conflict.
Speak to us first before making decisions about parenting arrangements and property settlements. It may cost you more money and headache trying to fix a mistake later.
Don’t withhold information that is relevant
Your conversations with us are confidential regardless of whether we act for you on an ongoing basis. We will not disclose any information to anyone without your consent. It’s better that we know all the facts so that we can give you the most accurate advice.
Don’t discuss family law matters with your kids
You should not involve your children in the family law dispute. Parents are likely to be criticised by the Courts for discussing family law matters with children. Ensure that you and the people around you do not say anything derogatory about the other parent to or in front of the children.
In some cases, it may be appropriate to ascertain the views and wishes of the children. This should only be done under the guidance of a trained professional, such as a counsellor or psychologist.
Don’t post about your separation on social media
Be careful what you share online about yourself and your ex-partner. Text messages, emails, and social media posts may be used as evidence in Court. A good rule of thumb to follow is - don’t send or post something unless you’re comfortable with it being on the front page of a newspaper.