In your initial consultation, the objective is to get a good idea of the situation. Your
lawyer will ask you questions to help him/her better understand you and your legal
position, taking into account your goals and concerns to find the best way forward.
During your consultation, your lawyer will focus on gathering information about your
case. This means you will need to answer questions about the nature and status of
the relationship. This could include, for example, providing information about
dependents, home ownership (if applicable) and/or contributions to the relationship.
The topics below are a guide to what you may be asked about in a consult.
Duration of the Relationship
Marital Status
Date of Separation
Relationship Contributions
Extraordinary Contributions to the Relationship
Status of Separation – Finality and Property Settlement
Current State of the Relationship
Beginnings of the Relationship (‘where you came from’)
Potential Home Ownership
Children
Assets
Wills
Read more about these below…
Duration of the Relationship
The lawyer will likely begin by asking about the length of the relationship. This includes when
you met, when you began living together, and when you were married (if applicable). This
information helps establish key timelines, which are often relevant for legal matters such as
property division or spousal support. Longer relationships typically lead to more entangled
financial and emotional ties, influencing how issues are resolved.
Marital Status
It’s essential for the lawyer to know your legal marital status—whether you are married, in a
de facto relationship, separated, or divorced. Laws surrounding division of assets, spousal
support, and parental rights can differ depending on this status. For example, de facto
couples may not be entitled to the same property rights as married couples.
Date of Separation
The lawyer will ask when you and your former partner separated, and if you’ve established a
clear ‘separation date’. This is critical, because the date of separation often marks the point
at which joint financial responsibilities end. It also serves as a reference for property
valuations and the length of separation, which could impact future legal steps like divorce
eligibility.
Relationship Contributions
The lawyer will ask you about you and your partner’s contributions to the relationship. This
could mean financially, emotionally, and/or practically, and could include income earned,
homemaking duties, childcare, and any sacrifices made for the benefit of the other partner’s
career. Understanding these contributions helps provide a fair context when dividing property
or determining support.
Extraordinary Contributions to the Relationship
Here, the lawyer will ask about any exceptional contributions you or your partner made, such
as a significant financial investment, caregiving during long-term or ongoing illness, or
sacrificing personal opportunities to support the relationship. These contributions can impact
property settlement or support decisions if they went beyond the ‘norm’ of the partnership.
Status of Separation – Finality and Property Settlement
The lawyer will want to assess whether the separation is final or if there’s a chance of
reconciliation, as this will determine the tone and approach of the consultation. Your lawyer
will want to know the extent to which (if any) you and your partner have formalised or
finalised your separation. This could look like beginning to divide assets, discussing custody
arrangements, or any other practical steps toward formalising and finalising the separation. If
not, your lawyer may guide you on what to expect.
Current State of the Relationship
An understanding of your current relationship dynamics is vital. Is communication open and
cooperative, or is there tension and conflict? This helps the lawyer anticipate potential
challenges in negotiations or litigation. For example, a high-conflict relationship may require
more structured and formal processes.
Beginnings of the Relationship (‘Where you came from’)
Discussing how the relationship started offers insight into its foundation. The lawyer might
ask about your circumstances when you met—were you students, professionals, or in
another life stage? This background can influence how they frame your case, especially in
discussions about financial or personal sacrifices made during the relationship.
Children
The lawyer will ask about any children from the relationship (and other relationships, if
applicable), including their ages, living arrangements, and needs. Topics like custody,visitation schedules, and child support are essential components of separation or divorce. If
children are involved, their welfare becomes a central concern in legal proceedings, and
decisions will prioritise their best interests.
Assets
The lawyer will ask for details about the assets you and your partner own individually or
jointly. This includes bank accounts, investments, superannuation, vehicles, and any
significant personal possessions like jewelry or artwork. They’ll also inquire about debts or
liabilities tied to these assets, as these are considered in property settlement. A clear
inventory of assets helps determine what is subject to division and what might remain
separate. If there’s uncertainty, the lawyer can guide you on gathering the necessary
documentation.
A significant part of the assets discussion is home ownership. If you and your partner
owned or still own a home, the lawyer will inquire about details such as whose name is on
the title, the mortgage status, and any significant renovations or investments made in the
property. Real estate often represents the most significant shared asset, making its division
a primary focus in separation proceedings.
Wills and Superannuation
The lawyer will inquire whether you or your partner have existing wills and, if so, whether
these documents have been updated to reflect the separation. A will drafted during the
relationship may no longer align with your wishes, especially concerning property distribution
or guardianship of children. The lawyer will most likely emphasise the importance of revising
or creating a will to ensure your estate is handled according to your current intentions.
Superannuation is another critical area the lawyer will look at with you, as it often forms a
significant part of a couple’s assets – superannuation is usually part of a property settlement.
Cost
In the first consultation, there’s no doubt you will be wondering what level of investment is
required. Our base rate for separation/property settlement cases is around $4000, but this
figure can change depending on the complexity of the matter: for example, if you and your
former partner or spouse are on good terms and can amicably agree to a simple asset
division, the figure is unlikely to increase by much (if any). On the other hand, being on
difficult terms with your former partner/spouse, if your former partner/spouse is resistant,
and/or having difficulty reaching an agreement can all complicate the matter and will most
likely increase the cost of engaging a lawyer.
Billing
While some legal services necessitate upfront payment, we prefer not to charge upfront
where possible. Ideally, we will bill you at the completion of our work. This may change
depending on the matter; for example, if you and your former partner need to go to court,
upfront payment will be required to cover court fees such as filing costs, barrister’s fees and
more. Billing and payment can be discussed in your initial consultation if you have any
questions or concerns.
An initial consultation with a lawyer is an opportunity to share your story and start
planning your next steps with professional guidance. The consultation should ideally leave
you feeling clearer around your legal rights and options. By discussing key aspects such as
your relationship history, assets, children, and future planning, the lawyer can provide you
with tailored advice, and outline a clear path forward. This process not only helps you
navigate the complexities of separation or divorce but also empowers you to make informed
decisions with confidence.
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