Key Strategies for Successfully Navigating Your Family Law Case
Going through a separation can be a challenging and overwhelming journey. Consulting with a lawyer is a crucial step, and our team is here to guide you through the process. We aim to make your initial consultation as productive as possible by helping you understand your options, rights, obligations, and the steps ahead.
To help you prepare for your first appointment with a lawyer and beyond, we’ve compiled essential strategies and tips:
1. Don’t Postpone Your Initial Appointment with a Family Lawyer
It is crucial not to delay scheduling your first appointment with a family lawyer. Seeking legal advice early provides you with the most options and ensures you are well-informed about your situation. When it comes to settling property and financial matters with your former partner or spouse, there are strict time limits for initiating proceedings. Obtaining legal advice early helps you understand how these time limits may impact you and is essential for protecting your financial future.
2. Gather information on assets and liabilities
Before your first appointment, we will send you an online induction questionnaire. This will help us understand your situation better. You’ll be asked to provide details about the assets, liabilities, and superannuation from the relationship. If you’re unsure about any information, don’t worry. This questionnaire helps us identify what additional information we might need later. Check out our ‘Financial Disclosure’ tab on our website for documents usually disclosed during family law property settlements.
3. Assess Your Financial Situation
Take some time to evaluate your finances, including your budget and expenses. Note any disparities between what you earn and what you owe. This will help us discuss legal solutions tailored to your financial situation. If you have consulted a financial planner, their insights can be invaluable, and we can collaborate with them to achieve the best outcome for you.
4. Explore Your Borrowing Options
Think about your goals for property settlement. Do you want to keep your current home, or would you prefer it to be sold? Speaking with a mortgage broker can provide insights into what you can afford and help set realistic expectations from the start.
5. Seek Emotional Support
Your well-being and mental health are crucial during this time. While friends and family can offer support, a trained and qualified counsellor may provide better insights and understanding. Professional support can be instrumental in navigating this process and getting emotional support can help reduce legal fees as you will be able to make decisions with a clearer head and be less emotive when negotiating.
6. Safeguard Your Personal Information
Ensure your personal information and correspondence with your legal team remain private and confidential. Consider changing your social media or email passwords. Be cautious about who you discuss your legal matter with, as friends and family members may be called to give evidence in court.
7. Financial Preparation: Understanding Costs
Working with lawyers can be financially demanding. During your initial consultation, it’s important to discuss fee structures, hourly rates, retainer fees, and any other potential costs associated with your case. By understanding the financial aspects upfront, you can plan your budget accordingly and avoid unexpected expenses. Do not let your lawyer start acting on your matter until you have received a Cost Agreement and understand it.
Common Mistakes to Avoid
1. Avoid Second-hand legal advice
Everyone’s situation is unique, and generic advice from friends or online sources may not apply to you. Second-hand legal advice can be dangerous. There are many family law myths and assumptions floating around. We can provide legal advice tailored to your specific facts.
Don’t ever take accept advice or make decisions based on advice from your ex-partner or their lawyer.
2. Don’t Compromise Your Needs to Avoid Conflict
Avoid making concessions on your needs or wants just to avoid conflict. While it may seem easier in the moment, these decisions are often regretted later. Compromising too much can lead to outcomes that don’t adequately address your needs and could have long-term negative consequences. You shouldn’t feel pressured to agree to something before getting advice.
3. Not being honest with your legal team
Confidentiality is a cornerstone of the lawyer-client relationship. With some very rare exception, anything you discuss with your family lawyer is protected by legal professional privilege. Therefore, it’s essential to be open, honest, and transparent during your consultation. Providing misleading information or omitting information will only cost you more in the long run.
4. Keep Children Out of Legal Discussions
Children should not be involved in family law disputes. Courts are often critical of parents who discuss legal matters with their children or speak disparagingly about the other parent around them. Parental conflict, even at lower levels can have lasting damage on children which sometimes is only evident years later.
If your children’s views are relevant, seek guidance from a trained professional such as a counsellor or psychologist.
5. Be weary about what you post on social media
Avoid posting any personal details about your separation on social media. Content shared in texts, emails, or online can be used as evidence in court, and negative or disparaging comments can harm your case. To protect your privacy and legal standing, refrain from sharing information that you wouldn’t be comfortable others reading. Taking the high road is always the best option.
By following these guidelines, you can ensure that your initial consultation with us is as effective and supportive as possible. We’re here to help you.
6. Not getting regular invoices and questioning fees
Receiving regular invoices from your lawyer is essential for maintaining transparency and managing your legal expenses. These invoices provide detailed accounts of the services rendered and the associated costs, helping you track your expenditures accurately. It’s important to review each invoice carefully and ensure you understand all charges. Don’t hesitate to question any fees that seem unclear or unexpected. Open communication with your lawyer about billing practices fosters trust and ensures that you are only paying for necessary and agreed-upon services. This proactive approach helps you stay within your budget and prevents financial surprises.
You can make an initial consultation with us here.